The Abolition of the “Ten Day Rule”

The Administrative Council of the EPO has decided to abolish the “10-day rule” from 1 November, 2023.

At present, communications from the EPO are deemed to be delivered to the recipient ten days after the date of mailing – effectively providing an additional ten days to respond to EPO communications. The rule was intended to protect parties from delays in the postal service, however, this rule is deemed no longer necessary now the EPO has gradually replaced physical documents with electronic communications.

From 1 November, communications from the EPO will be deemed delivered on the date stated on the communication, and the helpful 10-day window past the deadline for responding to those communications will be lost.

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