J 0027/90 (Restitutio) of 07.11.1991

1. In the absence of circumstances to the contrary a communication under Rule 69(1) EPC to the professional representative qualified under Article 134 EPC and appointed in accordance with Article 133(2) by the person entitled to the patent application removes the cause of non-compliance. This applies also when parties instruct the (European) professional representatives via their (national) patent attorney.

2. The appointment of an independent service firm for the payment of renewal fees (a so-called "renewal fee payment agency") does not constitute such circumstances to the contrary. The professional representative remains responsible for the application notwithstanding the fact that the Applicants use such a payment agency.