Amended EPC Rules Relating to Notification and Time Limits – Mere Abolition of the Ten-Day Rule?

Abstract The amendment to Rules 126(2), 127(2) and 131(2) EPC is often perceived as the abolition of the ten-day rule. However, according to the view expressed here, the implications are much broader because the requirement of notification as an event triggering the time limit is affected. Since the amendments to the rules interfere with the Convention by redefining the concept of notification and contradict the Convention, they are at least partially inapplicable. Applicants who have missed a time limit before the European Patent Office under the amended rules, but not with respect to the previous legal situation, can attempt to clarify the issue by means of an appeal.