2.2.5 Request for re‑establishment of rights

The request for re-establishment of rights must be filed in writing within two months from the removal of the cause of non-compliance with the time limit. The omitted act must be completed within this period. As a general rule, the request is admissible within the year immediately following the expiry of the unobserved time limit. However, the time limit for requesting re-establishment of rights for the priority period or for filing a petition for review by the Enlarged Board of Appeal constitutes an exception to this general rule: in these cases, the request must be filed within two months of expiry of the relevant period laid down in Art. 87(1) and 112a(4).

The request must state the grounds on which it is based, and must set out the facts on which it relies. It is not deemed to be filed until after the fee for the re-establishment of rights has been paid in the amount laid down in the Rules relating to Fees under the EPC.

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