T 1882/23 (Re-establishment of rights) of 23.09.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T188223.20240923
- Date of decision
- 23 September 2024
- Case number
- T 1882/23
- Petition for review of
- -
- Application number
- 15784742.7
- IPC class
- H04W 24/08
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- Abstract on EPC2000 R 136(1)
- Application title
- Network testing for telecommunications
- Applicant name
- Truphone Limited
- Opponent name
- -
- Board
- 3.5.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 122(1)European Patent Convention R 136(1)
- Keywords
- Re-establishment of rights - (no): request for re-establishment of rights in respect of the time limit for paying the renewal fee not filed within two months of the removal of the cause of non-compliance
- Catchword
- If the appointed professional representative receives a communication of loss of rights due to the non-payment of fees, the cause of non-compliance with the period is removed pursuant to Rule 136(1), first sentence, EPC on the date of that actual receipt. This is also true where, as in the present case, that representative had been instructed by their client that all renewal matters would be handled by others: such an instruction alone is not a reason for the cause of non-compliance to persist despite the appointed professional representative's actual awareness of the non-compliance.
See point 5 of the Reasons. - Citing cases
- -
Order
For these reasons it is decided that:
The appeal is dismissed.