Guide for Applicants - Part 1:How to get a European patent: D. The European patent grant procedure, IX. General provisions governing time limits, Missed time limits

Guide for Applicants - Part 1
How to get a European patent

E / D / F


How to get a European patent
D. The European patent grant procedure
IX. General provisions governing time limits

Completion of an omitted act

Missed time limits

213

By missing a time limit, the applicant makes himself liable to legal sanctions, such as refusal of the application or loss of rights occurring without the Office taking a decision. Cases where the latter applies include loss of the right of priority due to late filing of the priority document, or the application being deemed withdrawn due to failure to reply to a communication from the EPO in due time.

Guid. E-VIII, 1.8

214	Whenever the EPO finds that rights have been lost without taking a decision, it communicates this to the applicant.

R. 69(1)
Guid. E-VIII, 1.9.1, 1.9.2

If the applicant considers that the EPO's finding is inaccurate, he may, within two months after receiving the communication, apply for a decision on the matter. A decision will be taken only if the EPO stands by its opinion, and any decision taken is subject to appeal. If no decision is taken, the EPO informs the applicant that the loss of rights is cancelled.

R. 69(2)
Guid. E-VIII, 1.9.3