Quick Navigation


European Patent Convention (EPC 1973)

A revised version of the European Patent Convention entered into force on 13 December 2007. The provisions of the revised Convention apply unless the transitional provisions provide for the applicability of the EPC 1973.

Article 121 87

Further processing of the European patent application

R. 69

(1) If the European patent application is to be refused or is refused or deemed to be withdrawn following failure to reply within a time limit set by the European Patent Office, the legal consequence provided for shall not ensue or, if it has already ensued, shall be retracted if the applicant requests further processing of the application.

(2) The request shall be filed in writing within two months of the date on which either the decision to refuse the application or the communication that the application is deemed to be withdrawn was notified. The omitted act must be completed within this time limit. The request shall not be deemed to have been filed until the fee for further processing has been paid.

(3) The department competent to decide on the omitted act shall decide on the request.

87 See decision of the Enlarged Board of Appeal G 1/97 (Annex I) and Legal advice No. 13/82 (Annex II).

Cross-reference list
Art. 121(2), (3) R. 135