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
2.2.4 Time limits not covered
 

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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
  2.2.3 Relevant time limits2.2.3 Relevant time limits     2.2.5 Applications for re-establishment of rights2.2.5 Applications for re-establishment of rights  
 

2.2.4

Time limits not covered

 

Re-establishment of rights is expressly excluded as regards the time limits for the application for restitutio in integrum (see VIII, 2.2.5) and the time limits laid down in Art. 61(3), Art. 76(3), Art. 78(2), Art. 79(2), Art. 87(1), and Art. 94(2). The time limits for the payment of the filing fee, search fee, designation fee and examination fee in respect of a Euro-PCT application under Art. 150(2), as well as the periods of grace under Rule 85a, Rule 85b and Rule 108(3) are also excluded from re-establishment of rights (see G 3/91, OJ 1-2/1993, 8; G 5/92 and 6/92, OJ 1-2/1994, 22 and 25; and J 18/82, OJ 11/1983, 441). Furthermore, re-establishment of rights will not be permitted in cases of failure to comply with time limits which do not have the direct consequence of causing the refusal of the European patent application or of a request, or the deeming of the European patent application to have been withdrawn, or the revocation of the European patent, or the loss of any other right or means of redress. For example, there can be no re-establishment of rights as regards the time limits for submission by the patent proprietor in opposition proceedings of his observations on the written statements of the other parties to the proceedings or on communications from the Opposition Division.

 

Art. 122(1), (5)