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CHAPTER I COMMUNICATIONS AND NOTIFICATlONS 1. Communications 1.1 General remarks Communications should be sent, inter alia, (i) if a party has to be informed of deficiencies, together, where appropriate, with a request to remedy those deficiencies, e.g. in accordance with Rule 39, Rule 41(1) and (3), Rule 46(1), or Rule 56(2), (ii) if a party is to be invited to file observations on particular questions or to submit documents, evidence, etc., to clarify the issues involved, (iii) if, in the opinion of the Examining or Opposition Division, the patent cannot be granted or maintained in the text requested by the applicant or proprietor of the patent, but could possibly be granted or maintained in an amended text of more limited scope, (iv) if information necessary to the conduct of the proceedings has to be communicated to the parties, e.g. in accordance with Rule 13(2) and (4), Rule 24(4), or Rule 90(2) and (3), (v) for preparing oral proceedings, (see III, 5), (vi) if the decision is to be based on grounds on which the parties have not yet had an opportunity to comment (see X, 1). 1.2 Number of communications Since each communication issued may entail prolonging the proceedings, the proceedings should be conducted in such a way as to manage with as few communications as possible. If a communication has to be issued, it should cover all the points which are necessary, or likely to be of importance, for the particular stage of the proceedings, e.g. the preparation of oral proceedings or of a decision. 1.3 Form of decisions, communications and notices "Any decision, communication or notice from the EPO is to be signed by and to state the name of the employee responsible. Where these documents are produced by the employee responsible using a computer, a seal may replace the signature. Where the documents are produced automatically by a computer the employee's name may also be dispensed with. The same applies for pre-printed notices and communications." »»Rule 70 2. Notification 2.1 General remarks "The EPO shall, as a matter of course, notify those concerned of decisions and summonses, and of any notice or other communication from which a time limit is reckoned, or of which those concerned must be notified under other provisions of the Convention, or of which notification has been ordered by the President of the EPO. Notifications may, where exceptional circumstances so require, be given through the intermediary of the central industrial property offices of the Contracting States. In proceedings before the EPO, any notification to be made shall take the form either of the original document, a copy thereof certified by, or bearing the seal of the EPO or a computer print-out bearing such seal. Copies of documents emanating from the parties themselves shall not require such certification." »»Art. 119 »»Rule 77(1) 2.2 Method of notification Notification is to be "by post", "by delivery on the premises of the EPO", "by public notification" or "by such technical means of communication as determined by the President of the EPO and under the conditions laid down by him governing their use". Further details concerning notifications will be found in Rules 78 to 80. "Notification through the central industrial property office of a Contracting State" competent to deal with the addressee "shall be made in accordance with the provisions applicable to the said office in national proceedings." »»Rule 77(2) »»Rule 77(3) 2.3 Notification by post Notification is usually made by post. "Decisions incurring a time limit for appeal, summonses and other documents as decided on by the President of the EPO shall be notified by registered letter with advice of delivery. All other notifications by post shall be by registered letter." The President of the EPO has, so far, not named any other documents to be notified by registered letter with advice of delivery. »»Rule 78 The letter "shall be deemed to be delivered to the addressee on the tenth day following its posting, unless the letter has failed to reach the addressee or has reached him at a later date; in the event of any dispute, it shall be incumbent on the EPO to establish that the letter has reached its destination or to establish the date on which the letter was delivered to the addressee, as the case may be." Notification "shall be deemed to have been effected even if acceptance of the letter has been refused." The law of the state on the territory of which the notification is made shall apply to other matters concerning notification, e.g. the question whether delivery to an other person than the addressee constitutes an effective notification to the latter. 2.4 Notification to representatives »»Rule 81 "If a representative has been appointed, notifications shall be addressed to him." "If several such representatives have been appointed for a single interested party, notification to any one of them shall be sufficient." If several persons are joint applicants for or proprietors of a patent or have acted in common in filing notice of opposition or intervention and have not appointed a common representative, notification of one person, viz. the person referred to in Rule 100, will again be sufficient. "If several interested parties have a common representative, notification of a single document to the common representative shall be sufficient." 2.5 Irregularities in the notification »»Rule 82 "Where a document has reached the addressee, if the EPO is unable to prove that it has been duly notified, or if provisions relating to its notification have not been observed, the document shall be deemed to have been notified on the date established by the EPO as the date of receipt." In cases where the EPO is not able to prove the actual date of notification, for instance a letter sent by the addressee himself, which indicates the date of receipt, is accepted as proof. If it is evident from a reply from the addressee that he has received the document, although he does not mention the date of its notification, the date on which that reply was written is to be regarded as the date of notification.

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