1.6.2.3 Scope of application of Rule 134

An extension under Rule 134 applies to all periods under the EPC (see E‑VIII, 1.1), including, in particular:

– the time limits for the filing of submissions, e.g. replies to EPO communications; 

– the time limit under Rule 37(2) for the onward transmission to the EPO of applications filed with the central industrial property office of a contracting state (see A‑II, 1.6);

– the priority period under Art. 87(1) (see A‑III, 6.6);

– the opposition period under Art. 99(1);

– the period for entry into the European phase under Rule 159(1);

– the periods for the payment of fees (see A‑X, 6.1), including, mutatis mutandis, the expiry of the period to pay renewal fees with an additional fee in accordance with Rule 51(2) and the expiry of the periods under Rule 51(3) and Rule 51(4) (see A‑X, 5.2.4).

By contrast, an extension under Rule 134 does not affect:

– the pendency of the earlier application when filing a divisional application (see A‑IV, 1.1.1);

– the beginning of the six-month period for the payment of a renewal fee with an additional fee under Rule 51(2) unless the due date for the renewal fee is deferred to the expiry of a period, for instance in the case of Rule 159(1)(g) (see A‑X, 5.2.4);

– the due date for the renewal fees for a divisional application and the beginning of the four-month period under Rule 51(3) (see A‑IV, 1.4.3);

– the date of the start of the search, which is relevant for the entitlement to a refund of the search fee (see A‑X, 10.2.1);

– the date of the start of substantive examination, which is relevant for filing a PPH request (see E‑VIII, 4.3) or the entitlement to a refund of the examination fee (see A‑VI, 2.5);

– the date on which a request under Rule 22 (registration of transfers) or Rule 54 (certified priority document) is deemed to be filed, where the payment date is decisive, because these requests are deemed to have been filed only when the corresponding administrative fee has been paid.

The extension equally does not affect the final date for making written submissions in preparation for oral proceedings under Rule 116, strictly speaking. However, a general dislocation in the delivery of mail or other exceptional occurrence under Rule 134(5) will be taken into account by an examining or opposition division in exercising its discretion whether to admit submissions filed after the date set under Rule 116 (see E‑III, 8.5, sub-item (iv)). Given that the date fixed under Rule 116 is meant to ensure adequate preparation of the oral proceedings, a party making submissions after that date must show that it has taken reasonable efforts to do so as early as reasonably possible.