INFORMATION FROM THE EPO
Notices of the President of the EPO
Notice of the President of the European Patent Office dated 1 August 2005 concerning the events of 7 July 2005 in London (United Kingdom)
In view of the events of 7 July 2005 in London, attention is drawn to the general legal remedies provided under the European Patent Convention and the PCT in the case of non-observance of time limits and, more specifically, to the possible applicability of Rule 85(5) EPC.
Rule 85(5) EPC offers a safeguard in the case of non-observance of a time limit as a result of an interruption or a subsequent dislocation in the delivery of mail1. Under Rule 85(5) EPC the cause of such interruption can lie in civil disorder. This provision may therefore be invoked by any applicants, parties to proceedings or their representatives affected by the events of 7 July 2005 and residing or having their place of business or staying in London.
Pursuant to this provision, any document received late will be deemed to have been received in due time if the person concerned offers evidence that on any of the ten days preceding the day of expiration of a time limit the mail service was interrupted or subsequently dislocated on account of the events of 7 July 2005, and that the mailing was effected within five days after the mail service was resumed.
1 Decision of the Administrative Council of 18 October 2001 amending the Implementing Regulations to the European Patent Convention, CA/D 33/01, OJ EPO 2001, 491.