Quick Navigation

 

Guide for applicants, Part 1: How to get a European patent

 
 
Missed time limits
222
By missing a time limit, you make yourself liable to legal sanctions, such as refusal of the application or total or partial loss of rights occurring without the Office taking a decision. Cases where the latter applies include loss of the right of priority due to late filing of the priority document, or the application being deemed withdrawn due to failure to reply to a communication from the EPO in due time.
223
Whenever the EPO finds that rights have been lost without taking a decision, it communicates this to you.  
If you consider that the EPO's finding is inaccurate, you may, within two months after receiving the communication, apply for a decision on the matter. A decision will be taken only if the EPO stands by its opinion, and any decision taken is subject to appeal. If no decision is taken, the EPO will inform you that the loss of rights is cancelled.