EPO Transition from 10-Day to 7-Day Rule: Impact on Patent Filing Response Time

Major changes are set to affect the procedural timeline for patent filings at the European Patent Office (EPO). EPO’s traditional “10-day rule” is coming to an end on October 31, 2023. The turn of the month will usher in a new “7-day rule”. Starting November 1, 2023, notices from the EPO will feature a response period calculated from the date noted on the communication.

This represents a substantial shift from the EPO’s current practices. Today, EPO communications are considered as received by the recipient 10 days after the date displayed on the correspondence, thus allowing an additional 10 days to respond. The change in procedure is set to pave the way towards a more streamlined filing process.

Legal professionals working in corporate law firms and multinational corporations need to be aware of this change, as it significantly alters the timeline to respond to notices from EPO. Adaptation to this new regulatory arrangement will be crucial for patent filing and compliance.

The full details regarding this change can be found in an article by Wilson Sonsini Goodrich & Rosati.