After a European patent application has been filed, documents as referred to in Rule 36, may be filed directly or by post or, with the exception of authorisations and priority documents, may be filed by facsimile at the EPO's filing offices (see II, 1.1). Such documents may not be filed on diskette, by teleteX, by e-mail, telegram, telex or similar means (see also the Notice dated 12 September 2000 concerning correspondence with the Office via e-mail, OJ 10/2000, 458). If documents relating to European patent applications are filed by facsimile, at the request of the EPO department charged with the procedure, written confirmation reproducing the contents of the documents filed by these means and complying with the requirements of the Implementing Regulations to the EPC must be supplied within a non-extendable period of one month. If the applicant fails to comply with this request in due time, the facsimile is deemed not to have been received (cf. the Decision of the President of the EPO, OJ 1/2005, 41).

Written confirmation is required ifthe documents so communicated are of inferior quality (cf. Notice from the EPO, OJ 1/2005, 44).

If in a facsimile a party avails himself of Art. 14(4), the subsequent copy must be filed in the same language as the facsimile, in which case the copy is deemed to have been received on the date of filing of the facsimile. The period under Rule 6(2) for filing the translation under Art. 14(4) begins on the day following the date of filing of the facsimile. Re-establishment of rights may be requested in respect of the periods under Rules 36(5) and 6(2).

For the filing of subsequent documents in electronic form, either online or on electronic data carriers, see additionally II, 1.3, 2nd paragraph.