Pre-Exam 2024: deemed notification: you can use to use the current "10-day rule" or the new version of Rule 126(2)/127(2)
The Supervisory Board of the EQE issued a decision on "Notification and time limit calculation" dated 26 June 2023:
"Candidates sitting the EQE 2024 (pre-examination and main examination) can use as legal basis Rules 126, 127 and 131 EPC as in force on 31 October 2023 or Rules 126, 127 and 131 EPC as in force on 1 November 2023."
So, when calculating time limits that run from the (fictitious) date of notification of a document, you are free to use:
- either the current "10-day rule" for deemed notification (or true date of receipt if received later) according to current Rule 126(2)/127(2) (as in force until 31/10/2023)
- or the new PCT-like version (as in force from 1/11/2023) with deemed notification on date of dispatch/date of the document and a compensation for receipt later than 7 days (OJ 2022, A101, article 1(10)-(12); OJ 2022, A114, section IV; and OJ 2023, A29; also Guidelines E-II, 2.3 and 2.4).
This implies that the correct (True or False) answer will not depend on the version of the Rule used when the Pre-Exam answers.
Our Q&A book "Basic Legal Questions for Pre-Exam and Paper D" gives time limit calculations for both versions of R.126(2)/127(2) for all questions involving time limits calculated from he notification of a document.
