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Case Law of the Boards of Appeal

4.5. Persons required to exercise due care; requirements regarding due care

Primarily it is up to the applicant (patent proprietor) to show due care. If third parties act for him he has to accept their actions on his behalf (see J 5/80, OJ 1981, 343). The "due-care" obligation is assessed differently, depending on whether an applicant, his representative or an assistant is involved.