B. How to obtain a Unitary Patent
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  6. VI. Re-establishment of rights
  7. Re-establishment of rights in respect of other time limits
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VI. Re-establishment of rights

Overview

Re-establishment of rights in respect of other time limits

This publication has been discontinued. The latest edition is retained for reference purposes only.

84Re-establishment of rights can also be requested in respect of other missed time limits, namely time limits relating to the payment of the renewal fee with the additional fee (see Rule 13(3) UPR), the filing of a request for compensation (see Rule 9(1) UPR), the payment of a missing fee amount pursuant to Rule 10(4) UPR and the submission of a request for a decision under Rule 20(2)(d) UPR in conjunction with Rule 112 EPC.

Rule 6(1) UPR

Rule 9 UPR

Rule 10 UPR

Rule 13 UPR

Rule 20 UPR

Rule 22 UPR

Article 2(2) RFeesUPP

Rule 112 EPC

85Re-establishment of rights cannot be requested in respect of periods for requesting re-establishment of rights or for correcting formal deficiencies identified during the examination of the request for unitary effect under Rule 7(3) UPR.

86You must file the request within two months of removal of the cause of non-compliance with the time limit, and at the latest within one year of expiry of the unobserved time limit. Within the same period, you must also complete the omitted act (e.g. pay the renewal fee with the additional fee, file the request for a decision) and pay the prescribed fee for re-establishment of rights (Rule 22(3) UPR, Article 2(2) RFeesUPP).

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