In a session on planned changes in the European framework at the Global Patent Congress in Copenhagen, Koch said the Office realised that many applicants would file divisional applications on or close to the deadline of October 1.
The deadline applies to older applications that pre-date the rule change, which came into effect on April 1.
“We hear lorries are organised to cross the channel to The Hague to hand over 10,000 applications on October 1,” joked Koch. “You may find it is faster to go online. Also, you can do it earlier – really.”
But he also reassured patent attorneys concerned about the office’s systems, saying there is “no problem” and there are enough staff in place.
The Office has not published statistics on the latest filings, but based on application numbers some attorneys believe it could be receiving about 500 a day during the past week.
With most filings taking place online, the biggest concern for many users is that a server crashes, making communication impossible.
If this happens, it is likely that the Office would invoke Rule 134 (5) of the EPC, which covers communication breakdowns “due to an exceptional occurrence such as a natural disaster, war, civil disorder, a general breakdown in any of the technical means of communication … or other like reasons affecting the locality where the party or his representative resides or has his place of business.”
If this happens, the deadline would be extended to midnight on the next working day, which is October 4.
