D 0006/82 (Re-establishment of rights) of 24.02.1983
- European Case Law Identifier
- ECLI:EP:BA:1983:D000682.19830224
- Date of decision
- 24 February 1983
- Case number
- D 0006/82
- Petition for review of
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- Application number
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- IPC class
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- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
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- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
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- Opponent name
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- Board
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- Headnote
1. In appeal proceedings under Article 23 of the Regulations on the European Qualifying Examination for professional representatives before the European Patent Office ("the Examination Regulation"), the procedural provisions in the Regulation on discipline for professional representatives ("the Regulation on discipline") are appliccable unless direct or analogous application is not possible.
2. Accordingly an application for re-establishment of rights in respect of the time limit for filing an appeal under Article 23 of the Examination Regulation is governed by Article 24(2) of the Regulation on discipline and not directly by Article 122 EPC. This means that the application for re-establishment of rights is to be filed within one month following the removal of the cause of non-compliance and that no fee is payable.
3. As a rule, awareness that a time limit has not been complied with constitutes removal of the cause of non-compliance within the meaning of Article 24(2) of the Regulation on discipline (or Article 122(2) EPC).
4. A mistake of law, particularly one regarding the provisions on notification and calculation of time limits, does not, as a general rule, constitute grounds for re-establishment of rights.
- Relevant legal provisions
- European Patent Convention Art 122 1973Regulation on discipline for professional representatives Art 24(2)Regulation on the European qualifying examination Art 23
- Keywords
- Re-establishment of rights in respect of disciplinary proceedings and the European Qualifying Examination
Removal of the cause of noncompliance
Mistake of law - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The request for re-establishment of rights in respect of the period for filing the appeal is refused.
2. The appeal is rejected as being inadmissible.
3. Reimbursement of the fee for re-establishment of rights is ordered.