Rule 134(5) by analogy for bank closure

EPO Notice of the President of the European Patent Office dated 3 July 2015
concerning problems caused by the closure of banks in Greece beginning on 28 June 2015

Notice 20150703a

Comment

This decision settles the question as to whether R 134(5) EPC applies to payments as well. The answer is - apparently - that the provision is applicable by analogy (hence not directly). 

Note that Rfees 7(3)(a)(ii) could possibly also be used in case the applicant " duly gave an order to a banking establishment to transfer the amount of the payment", depending on whether " duly"  requires the bank establishment to be open, or not.


Text of the notice
1. In view of the problems caused by the closure of banks in Greece and the ban on cross-border payments[1], attention is drawn to the general legal remedies provided for under the European Patent Convention and under the Patent Cooperation Treaty in case of non-observance of time limits for making payments and, in particular, to the possible application of Rule 134(5) EPC and Rule 82quater.1 PCT.

2. Rule 134(5) EPC offers a safeguard in the case of non-observance of a time limit as a result of a dislocation in the delivery or transmission of mail caused by an exceptional occurrence affecting the locality where an applicant, a party or their representative resides or has his place of business. This provision applies by analogy to cases where the failure to observe time limits for making payments is the result of exceptional circumstances beyond the applicant's control.

3. Pursuant to Rule 134(5) EPC, any payment received late will be deemed to have been received in due time if the person concerned offers evidence that:

(1) on any of the ten days preceding the day of expiry of a period, it was not possible to effect cross-border payments due to this exceptional occurrence, and that

(2) payment was ordered within five days after banks resumed business, including the processing of cross-border payment orders. [...] [Provisions for international applications omitted].