INFORMATION FROM THE EPO
Decisions of the President of the EPO
Decision of the President of the European Patent Office dated 6 December 2004 on the use of facsimile for filing patent applications and other documents1
The President of the European Patent Office, having regard to Rules 24, paragraph 1, and 36, paragraph 5, EPC and Rule 92.4 PCT, has decided as follows:
Article 1
Filing of patent applications
European patent applications and international (PCT) applications may be filed by facsimile at the European Patent Office's filing offices in Munich, The Hague or Berlin. European patent applications may also be filed by facsimile with the competent national authorities of those contracting states which so permit2.
Article 2
Filing of other documents
After a European patent application or an international application has been filed documents as referred to in Rule 36 EPC or Rule 92.4 PCT with the exception of authorisations and priority documents may be filed by facsimile at the European Patent Office's filing offices.
Article 3
Illegible or incomplete documents
Where a document transmitted by facsimile is illegible or incomplete, the document shall be treated as not having been received to the extent that it is illegible or that the attempted transmission failed. The sender shall be notified as soon as possible.
Article 4
Written confirmation reproducing patent applications and other documents
(1) Where a European patent application or an international application is filed by facsimile, written confirmation reproducing the contents of the facsimile documents and complying with the requirements of the Implementing Regulations to the EPC or the Regulations under the PCT must, at the invitation of the European Patent Office department charged with the procedure, be supplied within a non-extendable period of one month. If the applicant fails to comply with this invitation in due time the European patent application shall be refused (Article 91(3) EPC); the international application shall be deemed withdrawn (Rule 92.4(g)(i) PCT).
(2) If documents relating to European patent applications or patents or to international applications are filed by facsimile, written confirmation reproducing the contents of the facsimile documents and complying with the requirements of the Implementing Regulations to the EPC or the Regulations under the PCT must, at the invitation of the European Patent Office department charged with the procedure, be supplied within a non-extendable period of one month. If a party fails to comply with this invitation in due time, the facsimile shall be deemed not to have been received (Rule 36(5) EPC, Rule 92.4(g)(ii) PCT).
Article 5
Earlier decisions superseded
Upon entry into force of this decision the decision dated 26 May 1992 on the use of technical means of communication for filing patent applications and other documents (OJ EPO 1992, 299) shall cease to have effect.
Article 6
Entry into force
This decision shall enter into force on 1 February 2005.
Done at Munich, 6 December 2004
Alain POMPIDOU
President
1 See also the Notice from the EPO dated 6 December concerning the filing of patent applications and other documents (OJ EPO 2005, 44).
2 This is at present permitted by the patent offices of the following contracting states: Austria, Belgium, Bulgaria, the Czech Republic, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Liechtenstein, Luxembourg, Monaco, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom.