EUROPEAN PATENT OFFICE
Information from the EPO
Notice from the European Patent Office dated 22 April 2024 concerning the abolition of facsimile (fax) as a means of filing patent applications and other documents
On 1 July 2024, a decision of the President of the European Patent Office (EPO) will enter into force abolishing facsimile (fax) as a means of filing European and international patent applications and other documents with the EPO.1 This decision applies to all European patent, Unitary Patent and PCT proceedings, including opposition and appeal proceedings. The decision is without prejudice to any provision of national law governing the filing of European patent applications by fax with competent national authorities.2
In light of this change of practice, the EPO will remove fax numbers from all relevant forms and communication channels relating to the patent grant process. EPO fax numbers formerly used by applicants for filing purposes will no longer be available as of 1 July 2024. Any transmissions of patent applications or other documents by fax to the EPO after this date will be deemed not to have been received.
The abolition of fax as a means of filing reflects the EPO's aim to offer a fully digitalised, high-quality patent grant process by eliminating the technical and quality issues that can arise from fax transmissions. It also reflects the EPO's commitment to sustainability by reducing paper consumption, as well as the steady decrease in fax filings at the EPO in recent years.
As part of its digital transformation, the EPO has expanded and enhanced Online Filing 2.0, its secure web-based platform for filing patent applications online. In the unlikely event that the EPO's online filing services are not available, safeguards apply under the EPC.3 Moreover, the EPO's Contingency Upload Service offers an alternative way of submitting documents in urgent cases.4
As a result of the decision of the President of the EPO, any references to fax as a permitted means of filing in publications in the EPO Official Journal will no longer apply as of 1 July 2024.
The decision of the President of the EPO dated 20 February 2019 concerning the filing of patent applications and other documents by facsimile (OJ EPO 2019, A18) applies only to patent applications and documents received by fax at the EPO on and before 30 June 2024.
The 2025 editions of the Guidelines for Examination in the EPO and the Guidelines for Search and Examination at the EPO as PCT Authority will be updated accordingly.
1 Decision of the President of the EPO dated 22 April 2024 concerning the abolition of fax as a means of filing patent applications and other documents, OJ EPO 2024, A41.
2 In the interests of completeness, users are reminded that international patent applications designating the EPO as a receiving Office must be filed directly with the EPO, in accordance with Rule 157(1) EPC.
3 Notice from the European Patent Office dated 22 October 2020 concerning the procedures and safeguards which apply under the EPC and the PCT in the event of outages of means of electronic filing and other online services (OJ EPO 2020, A120).
4 Notice from the European Patent Office dated 3 May 2023 concerning new milestones for EPO online services (OJ EPO 2023, A50).