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Guidelines for Examination

 
 
2.2.4
Time limits not covered 

Re-establishment of rights is expressly excluded as regards the time limit for requesting re-establishment of rights (see E-VII, 2.2.1) and the time limits for which further processing is available (Art. 121). Furthermore, re-establishment of rights will not be permitted in cases of failure to comply with time limits which do not have the direct consequence of causing the refusal of the European patent application or of a request, or the deeming of the European patent application to have been withdrawn, or the revocation of the European patent, or the loss of any other right or means of redress. For example, there can be no re-establishment of rights as regards the time limits for submission by the patent proprietor in opposition proceedings of his observations on the written statements of the other parties to the proceedings or on communications from the Opposition Division.