Further processing of the European patent application

Submitted by European Patent... on Sun, 2015-09-06 08:28

 

According to Article 121 of the European Patent Convention (EPC),

 (1)

If an applicant fails to observe a time limit vis-à-vis the European Patent Office, he may request further processing of the European patent application. 

(2)

The European Patent Office shall grant the request, provided that the requirements laid down in the Implementing Regulations are met. Otherwise, it shall reject the request. 

(3)

If the request is granted, the legal consequences of the failure to observe the time limit shall be deemed not to have ensued. 

(4)

Further processing shall be ruled out in respect of the time limits in Article 87, paragraph 1, (Priority right) Article 108 (Notice of appeal) and Article 112a, paragraph 4, (Petition for review by the Enlarged Board of Appeal) as well as the time limits for requesting further processing or re-establishment of rights. The EPC Implementing Regulations may rule out further processing for other time limits.

 

Prepared by European Patent Registration and Consulting Services GmbH