In the revised EPC, the relationship between further processing and re-establishment of rights has been redefined. Further processing is now the standard legal remedy for missed time limits in the European patent grant procedure (see also chapter VI.D.2
, further processing) and thus in some cases replaces re-establishment. Under Art. 122(4) EPC
in conjunction with R. 136(3) EPC
, re-establishment is ruled out in respect of time limits for which further processing is available under Art. 121 EPC
, in particular the fee payment time limits under R. 38
EPC (see OJ SE 4/2007). Re-establishment continues to be ruled out in respect of the time limit for requesting re-establishment (Art. 122(4)
, R. 136(3) EPC
), but is still possible for the time limit for requesting further processing (OJ SE 4/2007).