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Guidelines for Examination

 
 
Table of Contents - Guidelines for Examination
Part E Guidelines on General Procedural Matters
Chapter VII – Time limits, loss of rights, further and accelerated processing and re-establishment of rights
2. Further processing and re-establishment of rights
2.2 Re-establishment of rights
2.2.3 Relevant time limits
2.2.3
Relevant time limits 

"Time limit" is taken to mean a specific period of time within which an act vis-à-vis the EPO has to be completed. A time limit is therefore not a date, i.e. an appointed day. Accordingly, no provision may be made for re-establishment of rights in the event of failure to be present on the date appointed for oral proceedings.

Art. 122(1)

The following are examples of cases where re-establishment of rights may be possible in the event of failure to comply with a time limit. They concern the time limits for:

Rule 82(2) and (3)
Rule 88(3)
Art. 108
Art. 112a(4)
Art. 87(1)

– 
the payment of the fee for the publishing of the new specification of the European patent; 
– 
the filing of the translation of any amended claims in opposition proceedings; 
– 
filing the request for a decision by the Opposition Division on the awarding of costs; 
– 
appeals filed by applicants or patent proprietors (see E-X, 6);
– 
filing a request for review by the Enlarged Board of Appeal; and 
– 
claiming priority of an earlier first application according to Art. 87(1) (see A-III, 6.6).
References

Art. 122(1)

Rule 82(2) and (3)
Rule 88(3)
Art. 108
Art. 112a(4)
Art. 87(1)