![\"EPC](\"https:\/\/www.epo.org\/news-events\/news\/2022\/20221021\/epc-keyvisual.jpg?lenya.module=svg&height=300&width=561\" "\\"EPC")
\n<\/p>\n\n\n<\/p>\n
\nAt its 172nd session on 13 October 2022, the Administrative
\nCouncil adopted the amendment of a number of EPC Rules, thus fostering the
\nongoing digitalisation processes in the EPO’s patent grant procedure.\n<\/p>\n
\nThe legal changes will enter into force in two packages as
\nfollows:\n<\/p>\n
\nThe first part of the package concerns the presentation
\nrequirements for documents. These will in future be defined by the President of
\nthe EPO instead of in the Implementing Regulations. As a consequence, Rule 46 and
\nRule 49(3)-(12) EPC will be deleted and incorporated into a decision of the
\nPresident of the EPO. Rules 49(2), 50, 57(i) and 82(2) EPC will be adapted
\naccordingly. These changes will ensure more flexibility to adapt the presentation
\nrequirements as digitalisation processes evolve. Since the decision of the
\nPresident will re-state the current presentation requirements, Office practice will
\nnot be affected.\n<\/p>\n
\nThe second part of the package consist of a change to Rule
\n65 EPC. In future, documents cited in search reports may be made available
\ninstead of being transmitted to applicants. This will reduce paper consumption
\nand supports full availability of all citation types, including multimedia citations.
\nThe technical solution to implement the service is under development and will
\nbe communicated in due course before its implementation. Thus, the amendment of
\nRule 65 EPC will not invoke any changes in practice for the time being.\n<\/p>\n
\nIn alignment with the PCT a new fiction for notification and
\ntime limit calculation will apply as of 1 November 2023. The „10-day rule“ will
\nbe abolished and documents will be deemed to be notified on the date they bear.
\nSafeguards will be available in cases where a document is not received or
\nreceived exceptionally late (more than 7 days after the date). In the event of
\na dispute concerning the delivery of a document the Office will retain the
\nobligation to prove that the document was delivered and the date of its
\ndelivery. This change affects Rules 126(2), 127(2) and 131(2) EPC. Shifting the focus of the notification
\nsystem from the paper to the digital world, where electronic documents are
\ndelivered on the same day, is key for the Office’s digital transformation.
\nFurther details will be provided by an OJ Notice well in advance to entry into
\nforce of the amended Rules. \u00a0\n<\/p>\n
\nUsers will be informed in more detail soon. Decision CA\/D
\n10\/22 of the Administrative Council will be published in the November edition
\nof the Official Journal and will be available earlier on the EPO website. A
\ncorresponding Notice of the EPO as well as a Decision of the President of the
\nEPO will be published in the December edition of the Official Journal. The
\nGuidelines for Examination in the EPO 2023, entering into force on 1 March
\n2023, will reflect the relevant updates.\n<\/p>\n
At its 172nd session on 13 October 2022, the Administrative Council adopted the amendment of a number of EPC Rules, thus fostering the ongoing digitalisation processes in the EPO’s patent grant procedure. The legal …<\/p>\n","protected":false},"author":10,"featured_media":0,"comment_status":"close","ping_status":"open","template":"","meta":{"footnotes":""},"nachrichtenkategorien":[130],"class_list":["post-33533","nachricht","type-nachricht","status-publish","hentry","nachrichtenkategorie-epa"],"yoast_head":"\n