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Case Law of the Boards of Appeal

 
 
Table of Contents - Case Law of the Boards of Appeal
VI. Rules common to all proceedings before the EPO
E. Re-establishment of rights
3. Admissibility of applications for re-establishment of rights
3.3. Making good the omitted act
3.3. Making good the omitted act
The omitted act must be performed within two months from removal of the cause of non-compliance (Art. 122(2), second sentence, EPC 1973; R. 136(2) EPC).
According to T 167/97 (OJ 1999, 488), the requirement of Art. 122(2), second sentence, EPC 1973 implies that the completed act likewise must meet the requirements of the EPC ‑ i.e. in the case at issue that the statement of grounds of appeal is admissible for the purpose of Art. 108, last sentence, EPC 1973. Where the statement of grounds filed with the request for re-establishment is insufficient for the appeal to be declared admissible, the request for re-establishment must itself be declared inadmissible.