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If the European patent application is to be refused or is refused or deemed to be withdrawn following failure to reply within a time limit set by the EPO (as distinct from those fixed by the EPC), the application is allowed to proceed if the applicant makes a written request for further processing of the application. This request must, however, be filed within two months of the notification of refusal or notice that the application is deemed to be withdrawn; and the omitted act must be completed and a fee for further processing must be paid within this period. The request is not deemed to have been filed until this fee has been paid. The department competent to decide on the omitted act also decides on the request for further processing.
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Art. 121(1)
Art. 121(2)
Art. 121(3)
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