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EPO to remove 10-day postal rule

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EPO to remove 10-day postal rule

The European Patent Office (EPO) is removing the so-called ’10 day’ rule from 1st November 2023. Until then, letters sent by the EPO are deemed to have been delivered 10 days after the date on the letter. However, as the EPO is mainly sending digital communications they have decided that the ’10 day’ rule is no longer necessary. If for some reason communication is delayed, then the burden of proof will fall on the EPO to show that it was delivered on time.

This change will simplify the calculation of deadlines but applicants will no longer be able to rely on the additional 10 days. If you have any questions, please contact ip21 Ltd.