4.5. Right to a decision under Rule 112(2) EPC

The right to a decision after notification of loss of rights is a substantial procedural right which cannot be ignored by the EPO. A party who applies for a decision under R. 112(2) EPC is entitled to receive one. If the correctness of a notification of loss of rights under R. 112(1) EPC is challenged, the EPO has a duty to reply within a reasonable period of time having regard to the subject-matter of the communication (see J 29/86, OJ 1988, 84; and J 34/92).

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