3.1.2 Obligation to set new time limit

The Legal Board held in J 13/90 (OJ 1994, 456) that if the applicant could expect to receive a communication warning him of an impending loss of rights, but that communication was not issued in due time, the EPO must set a new period allowing the applicant to remedy the deficiency and perform the omitted procedural act in due time (see also T 14/89). However, this only applies to non-absolute time limits, as an absolute time limit (such as the one year time limit under Art. 122(2), third sentence, EPC 1973, R. 136(1) EPC), by definition, is non-extendable (J 34/92, but see also J 6/08).

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