Does the EPO provide for any remedies in case of non-observance of periods at the EPO in view of the disruptions to public life caused by the COVID-19 pandemic?

Yes. Notwithstanding the end of the general dislocation in the Federal Republic of Germany within the meaning of Rule 134(2) EPC (please see the Notice from the European Patent Office dated 10 November 2020 concerning the disruptions due to the COVID-19 outbreak), attention is drawn to Rule 134(5) EPC. This provision offers a safeguard in the case of non-observance of a time limit as a result of a dislocation in the delivery or transmission of mail caused by an exceptional occurrence affecting the locality where an applicant, a party or their representative resides or has his place of business.

Please note that when Rule 134(5) EPC is invoked, a formal request needs to be filed with the EPO, stating how the COVID-19 pandemic affected the locality where the applicant or party or their representative resides or has his place of business. For the time being and under the present circumstances the EPO will not require evidence to be submitted.

For the sake of completeness, attention is also drawn to the possibility to request further processing pursuant to Article 121 and Rule 135 EPC or re-establishment of rights pursuant to Article 122 and Rule 136 EPC. For more details, reference is made to the Guidelines for Examination, E-VIII, 2 and 3.

With regard to periods specified by the EPO, attention is furthermore drawn to the possibility of requesting an extension in accordance with Rule 132(2) EPC. Such request must be submitted in writing before expiry of the period and – in exceptional cases where the request concerns an extension of a total period exceeding six months – must give reasons that are sufficient to show convincingly that a reply in the period previously laid down will not be possible. For further details see the Guidelines for Examination, E-VIII, 1.6.