An applicant for or proprietor of a European patent who, in spite of all due care required by the circumstances having been taken, was unable to observe a time limit vis-à-vis the European Patent Office shall have his rights re-established upon request if the non-observance of this time limit has the direct consequence of causing the refusal of the European patent application or of a request, or the deeming of the application to have been withdrawn, or the revocation of the European patent, or the loss of any other right or means of redress.
The European Patent Office shall grant the request, provided that the conditions of paragraph 1 and any other requirements laid down in the Implementing Regulations are met. Otherwise, it shall reject the request.
Any person who, in a designated Contracting State, has in good faith used or made effective and serious preparations for using an invention which is the subject of a published European patent application or a European patent in the period between the loss of rights referred to in paragraph 1 and publication in the European Patent Bulletin of the mention of re-establishment of those rights, may without payment continue such use in the course of his business or for the needs thereof.
Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ar122.html
Date retrieved: 17 May 2021
187 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
EPC Implementing Rules
EPO Guidelines - A Formalities Examination
EPO Guidelines - C Procedureal Aspects of Substantive Examination
EPO Guidelines - D Opposition and Limitation/Revocation Procedures
EPO Guidelines - E General Procedural Matters
EPO Guidelines - F The European Patent Application
EPO PCT GL - A Formalities Examination
EPO PCT GL - F (not assigned)
EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA
Offical Journal of the EPO
XOJ EPO SE 4/2019, p32 - Annex A.2 to the ADA - Information from the EPO concerning the automatic debiting procedure
XOJ EPO 2019, A98 - Announcement of the European qualifying examination 2021 – Pre ‑ examination and main examination
XOJ EPO 2018, A108 - Announcement of the European qualifying examination 2020 - Pre-examination and main examination
XOJ EPO 2018, A80 - Notice from the European Patent Office dated 12 October 2018 concerning updated Forms 1001 (request for grant) and 1200 (entry into the European phase)
XOJ EPO SE 5/2017, p43 - Annex A.2 to the ADA - Information from the EPO concerning the automatic debiting procedure
XOJ EPO SE 5/2017, p2 - Notice from the European Patent Office dated 27 September 2017 concerning revision of the Arrangements for deposit accounts and their annexes
XOJ EPO 2017, A23 - Announcement of the European qualifying examination 2018 - Pre-examination and main examination
XOJ EPO 2013, 372 - Notice of the President of the European Patent Office dated 4 June 2013 concerning the problems caused by the Oklahoma Tornado in the USA beginning on 20 May 2013
XOJ EPO 2013, 150 - Notice from the European Patent Office dated 28 January 2013 concerning amended Rule 53(3) EPC
XOJ EPO 2012, 618 - Notice of the President of the European Patent Office dated 5 November 2012 concerning the problems caused by Hurricane Sandy in the USA beginning on 29 October 2012
XOJ EPO 2012, 58 - Notice from the European Patent Office dated 13 January 2012 concerning the situation in Thailand after the flooding at the end of 2011
XOJ EPO 2010, 498 - Notice from the European Patent Office dated 7 July 2010 concerning inventions which involve the use of or concern biological material
XOJ EPO 2009, 486 - Notice from the European Patent Office dated 14 September 2009 concerning the filing of a certified copy of an earlier application to which reference is made
Case Law Book: III Amendments
XCLR III E 3.2 Time limits excluded from re-establishment under Article 122(4) EPC and Rule 136(3) EPC
Case Law Book: IV Divisional Applications
XCLR IV C 8.1 Revocation of a European patent for failure to fulfil formal requirements – by way of decision