IEF 14920

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EOB ontvangt documenten per post of elektronisch

Wijziging uitvoeringsreglement bij Europees Octrooiverdrag, Trb. 2015, 63.
Documenten kunnen bij het EOB nu per post of op elektronische wijze worden ingebracht.

1. In proceedings before the European Patent Office, documents may be filed by delivery by hand, by postal services or by means of electronic communication. The President of the European Patent Office shall lay down the details and conditions and, where appropriate, any special formal or technical requirements for the filing of documents. In particular, he may specify that confirmation must be supplied. If such confirmation is not supplied in due time, the European patent application shall be refused; documents filed subsequently shall be deemed not to have been received.
(...)
Rule 126 shall read as follows:

“Rule 126 Notification by postal services

1. Decisions incurring a period for appeal or a petition for review, summonses and other such documents as determined by the President of the European Patent Office shall be notified by registered letter with advice of delivery or equivalent. All other notifications by postal services shall be by registered letter.
2. Where notification is effected in accordance with paragraph 1, the letter shall be deemed to be delivered to the addressee on the tenth day following its handover to the postal service provider, unless it has failed to reach the addressee or has reached him at a later date; in the event of any dispute, it shall be incumbent on the European Patent Office to establish that the letter has reached its destination or to establish the date on which the letter was delivered to the addressee, as the case may be.
3. Notification in accordance with paragraph 1 shall be deemed to have been effected even if acceptance of the letter has been refused.
4. To the extent that notification by postal services is not covered by paragraphs 1 to 3, the law of the State in which the notification is made shall apply.”
Rule 127 shall read as follows:

“Rule 127 Notification by means of electronic communication

1. Notification may be effected by means of electronic communication as determined by the President of the European Patent Office and under the conditions laid down by him.
2. Where notification is effected by means of electronic communication, the electronic document shall be deemed to be delivered to the addressee on the tenth day following its transmission, unless it has failed to reach its destination or has reached its destination at a later date; in the event of any dispute, it shall be incumbent on the European Patent Office to establish that the electronic document has reached its destination or to establish the date on which it reached its destination, as the case may be.”