T 0191/82 (Re-establishment of rights) vom 16.04.1985

In a case in which non-compliance with a time limit leading to a loss of rights under the EPC is discovered by an employee of a representative, the cause of non-compliance, i.e. failure to appreciate that the time limit has not been complied with, cannot be considered to have been removed until the representative concerned has himself been made aware of the facts, since it must be his responsibility to decide whether an application for re-establishment of rights should be made and, if it is to be made, to determine the grounds and supporting facts to be presented to the European Patent Office.