Article 121 – Further processing of the European patent application - The European Patent Convention, Convention on the Grant of European Patents – (European Patent Convention), Part VII – Common provisions, Chapter I – Common provisions governing procedure
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If an applicant fails to observe a time limit vis-à-vis the European Patent Office, he may request further processing of the European patent application.
The European Patent Office shall grant the request, provided that the requirements laid down in the Implementing Regulations are met. Otherwise, it shall reject the request.
If the request is granted, the legal consequences of the failure to observe the time limit shall be deemed not to have ensued.
Further processing shall be ruled out in respect of the time limits in Article 87, paragraph 1, Article 108 and Article 112a, paragraph 4, as well as the time limits for requesting further processing or re-establishment of rights. The Implementing Regulations may rule out further processing for other time limits.