T 0191/82 (Re-establishment of rights) of 16.04.1985
- European Case Law Identifier
- ECLI:EP:BA:1985:T019182.19850416
- Date of decision
- 16 April 1985
- Case number
- T 0191/82
- Petition for review of
- -
- Application number
- 80900996.2
- IPC class
- -
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- T 0191/82 1986-01-23
- Abstracts for this decision
- -
- Application title
- Baled wastepaper product containing a de-inking chemical
- Applicant name
- FIBRE-CHEM
- Opponent name
- -
- Board
- 3.2.01
- Headnote
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.
- Relevant legal provisions
- European Patent Convention Art 122 1973
- Keywords
- Restitutio in integrum
Delegation of representative's responsibility
Delegation of Representative's responsibility
Due care required - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
The appellants are restored in their rights and European patent application No. 80 900 996.2 is to be regarded as not having been withdrawn for failure to pay the fifth year renewal fee.