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Case Law of the Boards of Appeal

 
 
3.1. Time limits for filing a request for re-establishment (Rule 136(1) EPC)

The time limits for filing a request for re-establishment are set out in R. 136(1) EPC (see also Art. 122(2) EPC 1973). In principle, a request must be filed within two months of removal of the cause of non-compliance and, at the latest, within one year after expiry of the unobserved time limit; R. 136(1), second sentence, EPC provides for two exceptions: a request for re-establishment in respect of the periods specified in Art. 87(1) EPC (priority) and Art. 112a(4) EPC (petition for review through the Enlarged Board of appeal) must be filed within two months of expiry of the unobserved time limit. Hence the case law summarised in point 3.1.1 is not applicable to such cases, but the principles laid down in point 3.1.2 are likely to be transferable to the two-month period under R. 136(1), second sentence, EPC.

If an applicant misses two time limits which expire independently of one another and each result in the application being deemed withdrawn, a request for re-establishment has to be filed in respect of each unobserved time limit (J 26/95, OJ 1999, 668).