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INFORMATION FROM THE EPO

List of days in 2013 on which EPO filing offices and national patent authorities of the EPC contracting states are closed See also OJ 2013, 164

I. European patent applications and patents

1. Under Rule 134(1) EPC, periods expiring on a day on which at least one of the EPO's filing offices is not open for receipt of documents are extended to the first day thereafter on which all its filing offices are open for receipt of documents (see also the notice from the President of the EPO dated 22 November 2012, OJ EPO 2012, 642).

2. Under Rule 134(3) EPC, the provisions of Rule 134(1) EPC apply mutatis mutandis where acts are performed with the central industrial property office or other competent authority of a contracting state.

3. The following table indicates the days in 2013 on which the EPO and the said central industrial property offices or other competent authorities are closed for receipt of documents relating to European patent applications and patents. Please note that in the Netherlands, European patent applications and related documents must be filed direct with the EPO in The Hague. Therefore, the information given for the Netherlands in the table is relevant only where its central industrial property office is acting as receiving Office for an international application under the PCT (see Section II below).

4. Individual contracting states are likely during 2013 to fix further days on which their patent authorities are closed. These will be announced in the relevant national publications.

II. Implications for PCT proceedings before the EPO

5. Where, under the PCT, a document or fee must reach the EPO within a period that expires on a day on which at least one of the EPO filing offices is not open to the public for the purposes of transaction of official business, that period expires on the next subsequent day on which all its filing offices are open for receipt of documents and fees (Rule 80.5 PCT). Time-limit extensions under Rule 80.5 PCT may be relevant in particular where the EPO is acting as receiving Office, International Searching Authority (ISA), Supplementary International Searching Authority (SISA) and International Preliminary Examining Authority (IPEA) under the PCT. Applicants are reminded that procedural acts to be performed with the EPO acting in those capacities cannot be conducted at the central industrial property office or other competent authority of a contracting state. There is however one exception: where the national law of a contracting state requires prior authorisation on national-security grounds, the filing of an international application with the EPO as receiving Office via the national office of the contracting state concerned is allowed (Article 151, second sentence, EPC, Article 75(2) EPC).1

6. For PCT proceedings, the table below applies mutatis mutandis for the purposes of Rule 80.5 PCT. Information regarding the days on which WIPO's International Bureau (IB) and national offices of PCT but non-EPC contracting states are closed is published by the IB2.

The embedded tables within this article are for technical reasons only available in the PDF version of this article.