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.
Notification in accordance with paragraph 1 shall be deemed to have been effected even if acceptance of the letter has been refused.
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.
Amended by decision of the Administrative Council CA/D 6/14 of 15.10.2014 (OJ EPO 2015, A17), which entered into force on 01.04.2015.
See notice from the EPO of 30.03.2015 (OJ EPO 2015, A36).
Amended by decision of the Administrative Council CA/D 2/19 of 28.03.2019 (OJ EPO 2019, A31), which entered into force on 01.11.2019.
See notice from the EPO of 16.06.2019 (OJ EPO 2019, A57).
See decision of the Enlarged Board of Appeal G 1/14 (Annex I).
See notice from the EPO of 04.09.2014 concerning the use of an address for correspondence (OJ EPO 2014, A99).
Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/r126.html
Date retrieved: 17 May 2021
92 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
EPC Implementing Rules
EPO Guidelines - D Opposition and Limitation/Revocation Procedures
EPO Guidelines - E General Procedural Matters
EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA
Offical Journal of the EPO
XOJ EPO 2021, A37 - Notice of the President of the Boards of Appeal dated 13 April 2021 concerning the extension of electronic notification via the EPO Mailbox to appeal proceedings
XOJ EPO 2021, A5 - Notice from the European Patent Office dated 26 December 2020 concerning the expansion of electronic notification via the Mailbox
XOJ EPO 2019, A57 - Notice from the European Patent Office dated 16 June 2019 concerning implementation of amended Rule 126(1) EPC
XOJ EPO 2019, A31 - Decision of the Administrative Council of 28 March 2019 amending Rule 126 of the Implementing Regulations to the European Patent Convention ( CA/D 2/19 )
XOJ EPO SE 1/2018, p126 - XIV.3 - Regulation on discipline for professional representatives (OJ EPO 1978, 91, OJ EPO 2008, 14)
XOJ EPO SE 1/2017, p127 - XIV.3 - Regulation on discipline for professional representatives (OJ EPO 1978, 91, OJ EPO 2008, 14)
XOJ EPO 2015, A36 - Notice of the European Patent Office dated 30 March 2015 concerning amendments to Rules 2, 124, 125, 126, 127, 129, 133 and 134 EPC, and the decisions of the President of the European Patent Office dated 11 March 2015 on the [..]
XOJ EPO 2015, A17 - Decision of the Administrative Council of 15 October 2014 amending Rules 2, 124, 125, 126, 127, 129, 133 and 134 of the Implementing Regulations to the European Patent Convention (CA/D 6/14)
XOJ EPO 2014, A99 - Notice from the European Patent Office dated 4 September 2014 concerning the use of an address for correspondence in proceedings before the EPO by persons acting without a professional representative or agent
XOJ EPO 2010, 377 - Notice from the European Patent Office dated 10 June 2010 concerning enclosure of a standard acknowledgement of receipt (EPO Form 2936) in the case of notifications by registered letter with advice of delivery
XOJ EPO 2009, 481 - Notice from the European Patent Office dated 20 August 2009 concerning amended Rule 36(1) and (2) EPC (European divisional applications) and consequential amendments to Rules 57(a) and 135(2) EPC