2.2.4 Area of party's own responsibility

The EPO is generally obliged to draw the party's attention to easily remediable deficiencies. However, the principle of good faith does not impose an obligation to warn a party of deficiencies within the area of the party's own responsibility (for more information, see in this chapter III.A.4.3.1).

In J 3/24 the board held that the expectation relied on by the appellant was not legitimate. Although it was not clearly apparent whether the Receiving Section had taken the appellant’s request into account in its communication, on an objective basis and under the circumstances of that case, it was not reasonable for the appellant to disregard that communication. According to the board, it was expected that communications from the EPO would be observed. It was the appellant’s own responsibility to enquire about the situation regarding his request before the expiry of the triggered time limits to ensure that he would not suffer a loss of rights.