Earthquake In Japan: Legal Remedies For Missed Deadlines

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The European Patent Office has issued guidance on legal remedies available to parties affected by the July 2026 earthquake in Japan. Understanding these exceptional occurrence provisions under Rule 134(5) EPC and related PCT safeguards could prove critical for maintaining patent rights when natural disasters disrupt filing deadlines.

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The European Patent Office (EPO) has issued a notice regarding the legal remedies available in view of the earthquake in Japan on 28 July 2026.

In particular, the EPO recognises that being affected by the earthquake counts as an “exceptional occurrence” such that it may be possible for a document received late to be considered received on time. Particular criteria apply and evidence needs to be provided (in accordance with Rule 134(5) EPC). However, it is worth considering whether the safeguard can be used if a deadline has been missed.

As also highlighted in the notice, there are provisions under the PCT (e.g. Rule 82quater.1 PCT) which provide safeguards for international applications.

If you require advice regarding the legal remedies for missing a deadline, please do not hesitate to contact us.

J A Kemp LLP acts for clients in the USA, Europe and globally, advising on UK and European patent practice and representing them before the European Patent Office, UKIPO and Unified Patent Court. We have in-depth expertise in a wide range of technologies, including Biotech and Life Sciences, Pharmaceuticals, Software and IT, Chemistry, Electronics and Engineering and many others. See our website to find out more.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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Earthquake In Japan: Legal Remedies For Missed Deadlines

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Intellectual Property

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