If the time limit for requesting further processing has been missed (see point 596), a request for re-establishment of rights in respect of the period under Rule 135(1) EPC may be filed. The request is not deemed to have been filed until the fee for re-establishment relating to the omitted act, i.e. payment of the search fee under Rule 159(1)(e) EPC, has been paid. Attention is drawn to the further requirements under Article 122 and Rule 136 EPC for the request to be admissible and allowable.
Date retrieved: 30 December 2018
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EPC Implementing Rules
XR.159 EPC The European Patent Office as a designated or elected Office – Requirements for entry into the European phase