EPO Ten Day Rule

One of the EPO’s more esoteric procedural provisions is the infamous “ten day rule”. It has come to the rescue of many applicants, and been the downfall of many exam-takers. In a move likely to be celebrated and lamented in equal measure the rule will be abolished for communications issued after the end of October 2023. The ten-day rule was implemented when communications were delivered by post to ensure applicants received the full period for responding without requiring tracking of the actual date of delivery. However, with most communications now being delivered electronically, it represents unnecessary complexity.

From 1 November 2023 any deadlines triggered by the date of notification of a communication will be calculated from the date specified on the communication. Where documents are delivered using the EPO’s mailbox (the vast majority) documents will be available on or before the date on the document. In the rare situation of documents being sent by post, the date on the document will still be decisive, even though the document may be received after that date. The EPO have retained safeguards such that if documents are not actually promptly received the deadlines will be adjusted accordingly.

Communications issued before November 2023 will continue to benefit from the 10 days, so it is not until around May 2024 that we can finally do away with working out the actual deadline on our fingers.