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Notice from the European Patent Office dated 15 February 2023
concerning the situation in Türkiye and Syria after the earthquakes on
6 February 2023
This text is intended for publication in the
Official Journal (OJ) of the EPO. It is made available in advance on
the EPO website merely as a courtesy to the public. Only the text
subsequently published in the officially certified PDF file of the OJ is
authentic. It cannot be guaranteed that this advance version accurately
replicates that text.
1. In view of the earthquakes in Türkiye and
Syria attention is drawn to the general legal remedies provided for
under the European Patent Convention in cases of non-observance of time
limits, in particular, to the application of Rule 134(2) EPC in accordance with this Notice, as well as the possible application of Rule 134(5) EPC and Rule 82quater.1 PCT.
2. In the case of parties having their
residence in Türkiye or who have appointed representatives having their
place of business in Türkiye, time limits expiring in the period from
6 February to 6 April are extended to 7 April 2023 pursuant to Rule 134(2) EPC.
3. Without prejudice to paragraph 2 of this Notice, Rule 134(5) EPC
offers a safeguard in the case of non-observance of a time limit as a
result of a dislocation in the delivery or transmission of mail caused
by an exceptional occurrence such as a natural disaster or other like
reasons affecting the locality where an applicant, a party or their
representative resides or has their place of business. This provision
applies to cases where the failure to observe time limits is the result
of exceptional circumstances beyond the control of the person concerned
and may therefore be invoked by any applicants, parties to proceedings
or their representatives affected by the earthquakes in Syria.
4. Pursuant to Rule 134(5) EPC,
any document received late will be deemed to have been received in due
time if the person concerned offers evidence that on any of the ten days
preceding the day of expiry of a time limit the mail service was
dislocated on account of the effects of the earthquakes and that the
mailing or the transmission was effected at the latest on the fifth day
after the end of the disruption.
5. Without prejudice to paragraph 2 of this
Notice, as for time limits and conditions applicable under the PCT,
applicants are referred to Rule 82quater.1 PCT.
This provision applies to international applications pending in the
international phase, but not to the period for claiming priority.
Nevertheless, if an international application is received at the EPO
after expiry of the priority period, restoration of the right of
priority pursuant to Rule 26bis.3 PCT may be available.