The right to a decision after notification of loss of rights is a substantial procedural right which cannot be ignored by the EPO. A party who applies for a decision under R. 112(2) EPC is entitled to receive one. If the correctness of a notification of loss of rights under R. 112(1) EPC is challenged, the EPO has a duty to reply within a reasonable period of time having regard to the subject-matter of the communication (see J 29/86, OJ 1988, 84; and J 34/92).
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_iii_k_4_5.htm
Date retrieved: 17 May 2021