CLR III E 4.2 Inability to observe a time limit

The word "unable" in Art. 122(1) EPC implies an objective fact or obstacle preventing the required action, e.g. a wrong date inadvertently being entered into a monitoring system (T 413/91, see also T 1054/03, T 1026/06, T 493/08, T 1962/08, T 836/09 of 17 February 2010, T 592/11, T 578/14). Unawareness of the expiry of the time limit must be distinguished from a deliberate act on the part of the applicant (representative) which is, for example, attributable to tactical considerations (see in this chapter III.E.4.2.1). Persistent financial difficulties incurred by the persons concerned through no fault of their own have also been recognised as such an obstacle (see in this chapter III.E.4.2.2).

14 references found.

Click X to load a reference inside the current page, click on the title to open in a new page.

EPC Articles

Case Law Book: III Amendments

General Case Law