Applicable law
- Article 108 EPC: notice of appeal must be filed within two months of notification of the decision.
- Rule 131(2) EPC: time-limit computation starts on the day following the relevant event; for notifications, the relevant event is the deemed receipt of the document.
- Rule 140 EPC: only linguistic errors, transcription errors and obvious mistakes in decisions may be corrected.
- Effect of Rule 140 correction: it is retrospective and, when the corrected decision is a refusal/revocation, the appeal time limit is not changed by the notification of the corrected decision.
- Deemed notification (post-1 Nov 2023 practice): a document is deemed notified on the date it bears, unless the EPO establishes delivery more than 7 days later (safeguard). In your facts, the decision dated 23 May 2025 was received on 26 May 2025 (within 7 days), so no safeguard extension applies.
Compute the appeal deadline
Original refusal decision
- Date on decision: 23 May 2025
- Received: 26 May 2025 (within 7 days)
- Deemed notification date: 23 May 2025
- Start of 2-month period: 24 May 2025 (day after the event)
- End of 2-month period: 23 July 2025
Rule 140 correction
The correction dated 24 June 2025 does not restart or extend the appeal time limit because a Rule 140 correction is retrospective and (for refusal decisions) does not change the appeal time limit.
Answers to the statements
a) Time limit expires on 23 July 2025 — True
Two months from deemed notification on 23 May 2025 ends 23 July 2025.
b) Time limit expires on 28 July 2025 — False
This date corresponds to counting from the actual receipt date (26 May 2025) and then applying a weekend extension. But the relevant trigger is deemed notification of the decision (here: the date it bears).
c) Time limit expires on 25 August 2025 — False
This would only make sense if the Rule 140 correction restarted the appeal period (e.g., 2 months from late June, with weekend adjustment). It does not.
d) Time limit expires on 26 August 2025 — False
Same issue as (c): no restart of the appeal time limit by Rule 140 correction.
Exam Tip:
When you see a corrected decision (Rule 140 EPC), don’t “reset” the appeal clock: the correction is retrospective and, for refusals/revocations, the appeal deadline is unchanged.
Legal Disclaimer
The information provided in this post is for general informational purposes only and does not constitute legal advice. This content should not be used as a substitute for professional legal advice tailored to your specific circumstances. For advice related to any specific legal matters, you should consult a qualified attorney.