The application for the re-establishment of rights must be filed in writing within two months from the removal of the cause of non-compliance with the time limit. The omitted act must be completed within this period. The application is admissible only within the year immediately following the expiry of the unobserved time limit.

The application must state the grounds on which it is based, and must set out the facts on which it relies. It is not deemed to be filed until after the fee for the re-establishment of rights has been paid in the amount laid down in the Rules relating to Fees under the EPC.