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Case Law of the Boards of Appeal

 
 
3.1.1 Two-month time limit from the removal of the cause of non-compliance

The application for re-establishment of rights must be filed within two months of the date of the removal of the cause of non-compliance with the missed time limit (Art. 122(2) first sentence EPC 1973, R. 136(1) first sentence EPC). This also applies if the time limits under Art. 102(4) and (5) EPC 1973 have been missed, even if no decision has yet been handed down concerning revocation (G 1/90, OJ 1991, 275). The omitted act must be completed within the same period. The fee for re-establishment of rights is also payable within the same time limit as that stipulated by Art. 122(2) EPC 1973 for the filing of an application for re-establishment (J 18/03).