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General 9. June 2026 · 5 min read

EPC Reform 2027: Mandatory Digital Communication at the EPO – What Decision CA/D 2/26 Means for Applicants and Representatives

With the Decision of the Administrative Council of 19 March 2026 (CA/D 2/26), published in the Official Journal as OJ EPO 2026, A27, the European Patent Office takes a decisive step towards a fully digital procedure: electronic filing and notification of documents become the statutory default, while paper-based procedural routes are largely phased out. The core amendments enter into force predominantly on 1 April 2027.

Core message of the decision

The reform amends Rules 2, 22, 114, 125, 129, 134, 152 and 157 of the Implementing Regulations to the EPC and deletes Rules 126, 127 and 128 EPC without replacement. The legal basis is Article 33(1)(c) EPC; the decision was adopted on a proposal from the President and after consulting the Committee on Patent Law. In substance, the decision consolidates the previously scattered notification provisions and establishes electronic communication as the statutory standard channel.

Rule 2 EPC: Electronic filing becomes mandatory

The central innovation concerns Rule 2 EPC, under which documents in proceedings before the EPO must, in principle, be filed electronically.

Filing by post remains possible, but on request from the EPO the documents must be re-filed electronically within two months.
If the timely re-filing does not occur, the European patent application is refused; documents filed later are deemed not to have been received.
Exceptions apply to certified paper copies, physical items and submissions from persons who are not parties to the proceedings.
During oral proceedings before a Board of Appeal or the Enlarged Board of Appeal, filing by handing over documents on the spot may be permitted.

The detailed rules and technical requirements for filing and signature are laid down by the President of the EPO.

Rule 114 EPC: Third-party observations electronic only

Under the amended Rule 114 EPC, third-party observations must also be filed electronically in an official language. If filed by another means, they are deemed not to have been filed and are not included in the file. Validly filed observations continue to be communicated to the applicant or proprietor for comment.

Rules 125–129 EPC: Restructuring notification

The most significant structural change concerns notification law. Rule 125 EPC makes electronic notification the standard route, while postal notification is reserved for exceptional cases only.

Aspect	New rule from 1 April 2027
Default channel	Electronic notification as laid down by the President
Notification fiction	Document deemed notified on the date it bears, provided it reaches its destination
Burden of proof	In case of dispute, the EPO bears the burden of proof for receipt and date
Delay rule	If received more than 7 days after the date, the period is extended by the excess days
Postal notification	Only in special circumstances, e.g. for non-parties or physical items

Rules 126, 127 and 128 EPC – which previously governed notification by post, by means of technical communication and by delivery by hand – are deleted and absorbed into the recast Rule 125. Rule 129 EPC (public notification) is adapted accordingly: public notice is given where electronic notification fails for reasons within the recipient’s sphere, or where postal notification proves impossible even on the second attempt.

Rule 134 EPC: Extension of periods upon technical disruptions

The amended Rule 134 EPC reflects digitalisation by expressly providing for extensions of periods where electronic means of communication are unavailable. If a period expires on a day on which an electronic means of communication authorised by the President is unavailable at the EPO, the period is extended to the first day on which all such means are available again. The familiar extension rules for general dislocation of communication or postal delivery in a contracting state are retained.

Rule 152 EPC: Simplified authorisation for associations of representatives

A practice-relevant and earlier-effective amendment concerns Rule 152(11) EPC: an authorisation of an association of representatives is deemed to be an authorisation for any representative registered with the EPO as a member of that association. This provision enters into force already on 1 June 2026 and applies to authorisations received on or after that date.

Rules 22 and 157 EPC: Consequential amendments

Rule 22(1) EPC on the registration of transfers is editorially adapted and now refers, for the signature of the contracting parties, to Rule 2, paragraph 4. The amended Rule 157(2) EPC clarifies that international applications for which the EPO acts as receiving Office under the PCT must be filed in English, French or German.

Timeline and transitional provisions

The decision carefully differentiates the dates of entry into force and application:

1 June 2026: Rule 152(11) EPC enters into force and applies to authorisations of associations of representatives received on or after that date.
1 April 2027: Rules 2, 22, 114, 125, 129, 134 and 157 EPC enter into force; the deletion of Rules 126–128 EPC takes effect.
Rules 2 and 114 apply to documents and observations received on or after 1 April 2027.
Rules 125 and 129 apply to documents bearing a date on or after 1 April 2027.
Rule 134 applies to periods expiring on or after 1 April 2027.

Practical recommendations for applicants and representatives

Since electronic filing becomes a mandatory requirement from 1 April 2027 – with refusal of the application as a possible sanction for non-compliance – firms should review their internal workflows early. Particular attention should be paid to the notification fiction in the new Rule 125, since electronically notified documents are in principle deemed notified on the date the document bears, thereby triggering time limits. By contrast, the relief regarding representatives’ authorisations under Rule 152(11), already effective on 1 June 2026, can be put to immediate use in mandate administration.