The IPKat thanks Darren Smyth for informing him of an unusual EPO Technical Board of Appeal decision. This decision relates to a very esoteric corner of the European Patent Convention, but one that all European patent attorneys have to be careful to get just right, because the consequences of failure can be catastrophic.
"Although it has become customary to refer to the appeal period as "two months plus ten days", this case shows that this is an inexact formula. The ten days are not added on after the two months period, or are calculated arbitrarily from the date of the decision or from a date two months thereafter. Rather, the ten days specify a period after which delivery and therefore notification is presumed, and the two months period stipulated in Article 108 EPC starts from the day of the presumed (if delivery has taken place within the ten days period) or actual (if delivery has been effected after the ten days period) notification. Thus, if any rule of thumb could be suggested to calculate the appeal period, it should be "ten days plus two months" rather than, as was argued by the applicant, "two months plus ten days"." (reasons, point 4)Rather than indulging in any schadenfreude, the IPKat merely notes that there are only two people having a residence or place of business in the country in question who have passed the EQEs, and the representative in this case is apparently not one of them. For more details, see the IPKat's previous post here.