Article 20

EUROPEAN PATENT OFFICE

Information from the EPO

Decision of the President of the European Patent Office dated 9 February 2024 concerning the web-based online service MyEPO Portfolio and electronic notification to the Mailbox in proceedings under the EPC and the PCT

The President of the European Patent Office, having regard to Articles 10(2)(a), 119 and 128 and Rules 2, 127, 145 and 147 EPC and to Articles 27(7) and 49 and Rules 44, 80.6, 89bis.1 and 2, 94.2bis and 94.3 PCT, has decided as follows:

Article 1

Scope of MyEPO Portfolio

1. MyEPO Portfolio is a secure, web-based online service for parties to proceedings before the EPO. By signing in to MyEPO Portfolio, access is provided to:

(a) electronic notification via Mailbox;

(b) electronic filing as specified in Article 3;

(c) inspection of files as specified in Article 4;

(d) a shared area as specified in Article 5;

(e) a representative area as specified in Article 6;

(f) upon further announcement, additional functionalities.

2. Use of MyEPO Portfolio requires authentication by any means allowed by the EPO.

3. The availability of certain functionalities in MyEPO Portfolio may be limited to specific categories of users.

Article 2

Electronic notification

1. Electronic notification under Rule 127 EPC is effected by electronic communication to an activated Mailbox.

2. Documents reach their destination within the meaning of Rule 127(2) EPC on the date the document has been made available in the corresponding Mailbox.

3. Electronic notification in proceedings under the PCT is governed by the provisions of the PCT.

4. International agents and applicants who do not have their residence or principal place of business in an EPC contracting state but are entitled to act before the EPO in PCT international phase proceedings can register for electronic notification via Mailbox to receive communications from the EPO in the international phase where it acts as (S)ISA or IPEA.

5. In case of electronic notification, no paper copies will be notified in parallel.

6. Paragraphs 1 to 5 apply mutatis mutandis to the electronic delivery of notices and communications not subject to notification.

Article 3

Electronic filing

1. Users may respond to a communication from the EPO and file requests or notifications, together with accompanying documents, on condition and to the extent that such response, request or notification (hereinafter jointly referred to as submission) is

(a) provided for in MyEPO Portfolio, and

(b) included in a list published on the EPO website or in any other suitable form.

2. Without prejudice to the provisions governing the filing of sequence listings,1 any accompanying documents must be filed in PDF or TIFF format. Other document formats may be permitted upon further announcement in the Official Journal of the EPO. Documents in PDF or TIFF format other than those filed as evidence must comply with the definition of these formats provided in the Administrative Instructions under the PCT, Part 7 and Annex F.2

3. Any submission made in accordance with paragraph 1 requires a signature in the form of a text string signature. Other forms of signature may be made available upon announcement in the Official Journal of the EPO.

4. Any submission made in accordance with paragraph 1 is reflected in an electronic document automatically generated within the submission session. This document and any accompanying documents are put into the file and made available for public file inspection in accordance with Article 128 EPC.

5. Any submission made in contravention of paragraph 1 will be deemed not to have been received.

6. Receipt of any submission filed via MyEPO Portfolio is acknowledged electronically by the EPO following submission. The acknowledgment of receipt is provided, digitally signed by the EPO, within the submission session.

7. Unless the present decision provides or permits otherwise, the decision of the President of the European Patent Office concerning the electronic filing of documents applies mutatis mutandis to any filing in accordance with paragraph 1.3

Article 4

Inspection of files relating to applications and patents

1. The documents in the electronic file relating to European patent applications and granted patents, and to international (PCT) applications for which the EPO acts as a designated or elected Office, may be inspected via MyEPO Portfolio in accordance with Article 128(4) EPC.

2. Inspection of files relating to an unpublished European patent application is restricted to the appointed European professional representative or legal practitioner in accordance with Article 128(1) EPC and to applicants who have not appointed a professional representative or legal practitioner.

Article 5

Shared area

1. Users as well as the EPO can upload documents to the shared area and edit them there together in real time.

2. The uploading or editing of the documents referred to in paragraph 1 is done for consultation purposes only. Such documents will not be considered as having been filed with the EPO or as having been notified by the EPO.

Article 6

Representative area

Users can administer entries in registers of representatives via the representative area, on condition and to the extent that such functionalities are

(a) provided for in MyEPO Portfolio, and

(b) included in a list published on the EPO website or in any other suitable form.

Article 7

Previous decisions superseded

When this decision enters into force, the decision of the President of the European Patent Office dated 9 October 2023 concerning the web-based online service MyEPO Portfolio and electronic notification to the Mailbox (OJ EPO 2023, A89) will cease to have effect.

Article 8

Entry into force

This decision enters into force on 1 April 2024.

Done at Munich, 9 February 2024

António CAMPINOS

President