EUROPEAN PATENT OFFICE
Information from the EPO
Decision of the President of the European Patent Office dated 25 March 2024 concerning use of the EPO electronic file system for the creation, maintenance and preservation of files
The President of the European Patent Office, having regard to Rule 147(2) EPC, has decided as follows:
Article 1
EPO electronic file system
Files relating to European patent applications, and to international applications for which the European Patent Office (EPO) acts under the Patent Cooperation Treaty (PCT), must be created, maintained and processed using the EPO electronic file system.
Article 2
Preservation of electronic files and of initially filed documents
(1) The electronic files created pursuant to Article 1 must be stored on two different electronic media for the entire period under Rule 147(4) and (5) EPC or Rule 93.1 and 93.3 PCT, as applicable.
(2) Documents filed on paper or on a data carrier must be preserved in accordance with Rule 147(3) EPC, Section 705bis(c) PCT Administrative Instructions, or Section 705(c) PCT Administrative Instructions, as applicable. Any document filed in an admissible electronic format must be maintained either in the document format in which it was received, or in a format which can be demonstrated to accurately represent the information received, and be preserved in accordance with Rule 147(4) and (5) EPC or Rule 93.1 and 93.3 PCT in conjunction with Sections 705, 705ter(d) and 711(a) PCT Administrative Instructions, as applicable.
Article 3
Previous decision superseded
On the entry into force of this decision, the decision dated 12 July 2007 concerning use of the PHOENIX electronic file system for the creation, maintenance, and preservation of files (Special edition No. 3, OJ EPO 2007, J.1) ceases to apply.
Article 4
Enty into force
Article 1, Article 2(2) sentence 2 and Article 3 of this decision enter into force on the day of the publication of this decision. Article 2(1) and (2) sentence 1 of this decision enter into force on 1 April 2024 upon the entry into force of the amendment of Rule 147(3) EPC.