5.3.1 Organisational restructuring

In T 14/89 (OJ 1990, 432), due to internal reorganisation and removals, the R. 58(5) EPC 1973 communication did not reach the responsible department of the patent proprietor. The board found that this fact, which led to non-observance of the time limit, constituted an isolated mistake such as could not be ruled out despite careful company organisation.

In T 3085/19 the staffing shortage in the law firm of the US representative did not constitute exceptional circumstances. The board noted that even if the appellant had indicated in time that certain attempts had been made to overcome the staff shortage, this would not have been apt to justify exceptional circumstances in view of the fact that the US law firm was working together with the European representatives as regards the application on file. The US law firm could and should have informed the European representatives about the staff shortage and asked for support.