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Guidelines for Examination

 
 
1.9.3
Decision on loss of rights 

If the person concerned considers that the finding of the EPO is inaccurate, he may, within two months after notification of the communication, apply for a decision on the matter by the EPO.

The competent department of the EPO will give such a decision only if it does not share the opinion of the person requesting it; otherwise it will inform the person requesting the decision and then continue with the proceedings. Since such decisions are subject to appeal, the reasons on which they are based must be stated. Only the person affected by the loss of rights noted will be party to the proceedings.

The request under Rule 112(2) for a review of the accuracy of the communication under Rule 112(1) exists in parallel to the legal remedies against the loss of rights. If the applicant fails to observe the time limit for requesting a decision under Rule 112(2), he may still apply for re-establishment of rights under Art. 122(1) and Rule 136(1) in respect of that time limit.

References

Rule 112(2)