European Patent Office
5. Re‑establishment of rights

5.2. Admissibility

Overview

  • 1. General
  • 2. The request for unitary effect
  • 3. Fees
  • 4. Compensation scheme
  • 5. Re‑establishment of rights
  • 6. Interruption and resumption of proceedings, stay of registration proceedings
  • 7. Registration of changes of name and address, transfers, licences and other rights
  • 8. Proceedings before the UPP Division
  • 9. Alphabetical Keyword Index

    5.2.2.  Time limit

    The request for re‑establishment of rights in respect of the time limit for filing the request for unitary effect must be filed at the latest within two months of expiry of that period regardless of the date of removal of the cause of non‑compliance (Rule 22(2) UPR). The one-year period for requesting re‑establishment of rights that starts upon expiry of the unobserved time limit does not apply in cases where the expired time limit relates to the filing of a request for unitary effect.

    Requests for re‑establishment of rights in respect of the other time limits subject to re‑establishment must be filed within two months of the removal of the cause of non‑compliance with the time limit, but at the latest within one year of expiry of the unobserved time limit. Refer to the EPC Guidelines for more information on removal of the cause of non‑compliance (see EPC Guidelines, E‑VIII, 3.1.3).

    The request for re‑establishment of rights will not be deemed to have been filed until the prescribed fee has been paid (Rule 22(2) UPR).

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