Abolition of the EPO's "10-Day Notification Rule"

News | 31.10.2023

The EPO's "10-day notification rule" will no longer apply to communications issued by the EPO on or after November 1, 2023.

For example, if the EPO issues a communication of intension to grant (Rule 71(3) EPC) on November 1, 2023, this communication will be deemed to be delivered to the addressee on November 1, 2023, starting the four-month period for response. Accordingly, a response must be filed within four months from this date, i.e. on or before March 1, 2024.

The 10-day rule will continue to apply to communications issued by the EPO on or before October 31, 2023. Thus, for example, a communication under Rule 71(3) EPC issued on October 27, 2023 will still be deemed to be delivered to the addressee after 10 days, i.e. on November 6, 2023. Accordingly, a response must be filed within four months from this date, i.e. on or before March 6, 2024.

In our Hoffmann Eitle Quarterly, we provide detailed explanations to the end of the 10-day rule and address possible impacts.

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