European Patent Organisation responds to the incidents of 11 September 2001 in the USA

For those applicants and representatives who have their place of business or domicile in New York, NY, the President of the European Patent Office has given internal instructions that, until further notice, communications under Rules 85a and 85b EPC and Rules 16bis and 58bis PCT will not be issued. These communications are usually issued when fees for European or PCT applications were not paid or the request for examination of a European patent application were not filed in time. The President's instructions now have the effect that in the named cases periods of grace will not begin to run. Full assistance will also be given with replacing files or data which have been destroyed.[more]

Moreover, the Administrative Council decided on 18 October 2001 to incorporate into Rule 85 EPC a provision for the European grant procedure corresponding to Rule 82.2 PCT. This will cover for interruptions in the delivery of mail outside the territories of the EPC contracting states. This new Rule 85(5) EPC has entered into force with retrospective effect from 11 September 2001.

The following regulation has been added to Rule 85:

(5) Without prejudice to paragraphs 1 to 4, evidence may be offered that on any of the ten days preceding the day of expiration of a time limit the mail service was interrupted or subsequently dislocated on account of war, revolution, civil disorder, strike, natural calamity, or other like reason, in the locality where the party or his representative resides or has his place of business or is staying. If such circumstances are proven to the satisfaction of the European Patent Office, a document received late shall be deemed to have been received in due time provided that the mailing has been effected within five days after the mail service was resumed.