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.