EPO “ten-day rule” to be abolished with effect from 1 November 2023

Under the current Rule 126(2) EPC, relating to notification by postal services, Communications sent by the EPO are deemed to have been delivered on the tenth day following the date printed on the Communication (“Ten-Day Rule”), effectively postponing by ten days any time limit calculated from the date printed on the document.

Due to the instantaneous notifications in the digital world, the EPO has decided to abolish the Ten-Day Rule with effect from 1 November 2023, so that the Communications sent by the EPO on or after 1 November 2023 will be deemed to be delivered on the date printed on the Communication, with the effect that the ten-day calculation period on time limits will no longer apply. The EPO will continue to provide appropriate safeguards for users who do not receive a document or receive it exceptionally late.

We have updated our working practices to be ready to apply this new provision.