J 0012/84 (Restitutio in integrum) vom 25.01.1985

1. The applicant must ensure that renewal fees for European patent applications are paid in time irrespective of whether the letter, sent by the EPO (without obligation) after expiry of the time limit for payment laid down in Rule 37(1) EPC and drawing attention to the fact that the fee may still be paid with an additional fee under Article 86(2) EPC, has or has not been received.

2. An applicant who relies only on the above-mentioned letter from the EPO may not have his rights re-established in respect of the time limit pursuant to Article 86(2) EPC.