Streamlining Patent Processes: EPC Abolishes 10-Day Rule

The European Patent Office (EPO) is set to implement significant procedural changes effective November 1, 2023, marking a major step toward modernizing its patent system. A key update is the elimination of the long-standing “10-day rule,” a measure originally intended to accommodate postal delays.

Under the current rules (EPC Rules 126(2), 127(2), and 131(2)), documents are deemed received 10 days after the date shown on them. This buffer will be removed, and deadlines will instead be calculated from the actual date on the document—regardless of whether it’s delivered by post or electronically.

This change reflects a broader shift in the EPO’s approach to deadlines, moving away from legacy systems toward a model focused on clarity, responsiveness, and alignment with modern technologies. It also reduces uncertainty, simplifying the interpretation of response timelines and harmonizing EPO practices with international standards like the Patent Cooperation Treaty (PCT).

While this update enhances transparency and efficiency, it also shortens all response periods by 10 days. Practitioners will need to adapt their timelines and workflows accordingly. Nonetheless, this reform is expected to improve procedural clarity and further integrate the EPO into the global patent landscape.

Additionally, Bulgaria has ratified the Unitary Patent Convention (UPC) Agreement, reinforcing the continued evolution of the European patent system.