J 0010/87 (Retraction of withdrawal) vom 11.02.1988

A request for retraction of a withdrawal of the designation of a Contracting State filed after publication of the patent application may be allowable under Rule 88 EPC in appropriate circumstances, in particular if

(a) the public has not been officially notified of the withdrawal by the EPO at the time the retraction of the withdrawal is applied for;

(b) the erroneous withdrawal is due to an excusable oversight;

(c) the requested correction does not result in a substantial delay of the proceedings; and

(d) the EPO is satisfied that the interests of third parties who may possibly have taken notice of the withdrawal by inspection of the file are adequately protected.