Guidelines for Examination
PART E
CHAPTER VIII TIME LIMITS, LOSS OF RIGHTS, FURTHER AND ACCELERATED PROCESSING AND RE-ESTABLISHMENT OF...
2. Further processing and re-establishment of rights
2.2 Re-establishment of rights
2.2.3 Relevant time limits
 

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PART E
CHAPTER VIII TIME LIMITS, LOSS OF RIGHTS, FURTHER AND ACCELERATED PROCESSING AND RE-ESTABLISHMENT OF...CHAPTER VIII TIME LIMITS, LOSS OF RIGHTS, FURTHER AND ACCELERATED PROCESSING AND RE-ESTABLISHMENT OF...
2. Further processing and re-establishment of rights2. Further processing and re-establishment of rights
2.2 Re-establishment of rights2.2 Re-establishment of rights
  2.2.2 Extension of re-establishment of rights to opponents2.2.2 Extension of re-establishment of rights to opponents     2.2.4 Time limits not covered2.2.4 Time limits not covered  
 

2.2.3

Relevant time limits

 

"Time limit" is taken to mean a specific period of time within which an act vis-à-vis the EPO has to be completed. A time limit is therefore not a date, i.e. an appointed day. Accordingly, no provision may be made for re-establishment of rights in the event of failure to be present on the date appointed for oral proceedings.

 

Art. 122(1)



The following are examples of cases where re-establishment of rights may be possible in the event of failure to comply with a time limit. They concern the time limits for:

 

Art. 102(3) - (5)

Rule 58(6)

Rule 90(3)(a)

Rule 63(3)



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the payment of the fee for the printing of the new specification of the European patent;

 

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the filing of the translation of any amended claims;

 

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informing the EPO of the appointment of a new representative;

 

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filing the request for a decision by the Opposition Division on the awarding of costs by the registry; and

 

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appeals filed by applicants or patent proprietors (see XI, 6).