2.2. Limits of the legitimate expectations principle

The principle of the protection of legitimate expectations is subject to several limitations. It does not give carte blanche to the person relying on it. For their part, it is the responsibility of users of the European patent system to take all necessary actions to avoid a loss of rights (J 3/24 citing J 4/23). Moreover, not every expectation held by a person is automatically a legitimate one within the meaning of this principle. Whether an expectation is legitimate must be assessed by applying the principle to the facts of the case. It is therefore inherent in the principle of the protection of the legitimate expectations that a person can only successfully invoke an expectation on which they could, on an objective basis, legitimately rely (J 4/23).