4. Loss of rights within the meaning of Rule 112(1) EPC

If a party to the proceedings or a third party fails to comply with a time limit laid down in the EPC or fixed by the EPO, this will result in a loss of rights in certain cases specified in the EPC. Pursuant to R. 112(1) EPC (formerly R. 69(1) EPC 1973), if the EPO notes that such a loss of any rights results from the EPC, it must communicate this to the party concerned. If the party disagrees with the finding of the EPO it may apply for a decision on the matter by the EPO (R. 112(2) EPC, formerly R. 69(2) EPC 1973) or it may request further processing or re-establishment of rights, as the case may be (J 14/94, OJ 1995, 824). By decision of the President of the EPO dated 12 December 2013 (OJ 2014, A6), responsibility for issuing the communication within the meaning of R. 112(1) EPC was entrusted to formalities officers working for the examining and opposition divisions.

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