D 0006/82 (Re-establishment of rights) of 24.2.1983

European Case Law Identifier: ECLI:EP:BA:1983:D000682.19830224
Date of decision: 24 February 1983
Case number: D 0006/82
Application number: -
IPC class: -
Language of proceedings: DE
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Versions: OJ
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Board: DBA
Headnote: 1. In appeal proceedings under Article 23 of the Regulations on the European Qualifying Examination for professional representatives before the European Patent Office ("the Examination Regulation"), the procedural provisions in the Regulation on discipline for professional representatives ("the Regulation on discipline") are appliccable unless direct or analogous application is not possible.
2. Accordingly an application for re-establishment of rights in respect of the time limit for filing an appeal under Article 23 of the Examination Regulation is governed by Article 24(2) of the Regulation on discipline and not directly by Article 122 EPC. This means that the application for re-establishment of rights is to be filed within one month following the removal of the cause of non-compliance and that no fee is payable.
3. As a rule, awareness that a time limit has not been complied with constitutes removal of the cause of non-compliance within the meaning of Article 24(2) of the Regulation on discipline (or Article 122(2) EPC).
4. A mistake of law, particularly one regarding the provisions on notification and calculation of time limits, does not, as a general rule, constitute grounds for re-establishment of rights.
Relevant legal provisions:
Regulation on discipline for professional representatives Art 24(2)
Regulation on the European qualifying examination Art023
European Patent Convention 1973 Art 122
Keywords: Re-establishment of rights in respect of disciplinary proceedings and the European Qualifying Examination
Removal of the cause of noncompliance
Mistake of law
Catchwords:

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Cited decisions:
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Citing decisions:
J 0027/92
J 0026/03
J 0006/07
T 0853/90
T 0069/91
T 0516/91
T 0371/92
T 0045/94
T 0743/05

Source: http://www.epo.org/law-practice/case-law-appeals/recent/d820006ep1.html

Date retrieved: 17 May 2021

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