A petition for review under Article 112a EPC may result in the restoration of a previously revoked European patent under the following circumstances:
- a board of appeal revoked a European patent or dismissed an appeal against its revocation by an opposition division
- the proprietor filed a petition for review under Article 112a EPC against the board's decision
- the Enlarged Board of Appeal considered the petition allowable and therefore re opened the proceedings before the board under Article 112a(5) EPC.
The revoked European patent is thereby restored and national renewal fees may then become payable for the period during which it was revoked.
Renewal fees will naturally also be payable while the re-opened board proceedings are pending.
The following table indicates the national provisions and requirements to be observed when paying "national renewal fees" in respect of a European patent where – following a successful petition for review – the Enlarged Board of Appeal decides to set aside a decision revoking it and re open the appeal proceedings.