|European Case Law Identifier:||ECLI:EP:BA:1992:J001390.19921210|
|Date of decision:||10 December 1992|
|Case number:||J 0013/90|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||-|
|Headnote:||1. Since relations between the EPO and the applicant are governed by the principle of good faith, the legitimate expectations of parties to the proceedings must not be violated (Enlarged Board of Appeal G 5, 7, 8/88, OJ EPO 1991, 137).
2. The principle of good faith requires the EPO to warn the applicant of any impending loss of rights if such a warning can be expected in all good faith.
3. A warning can be expected if the deficiency is readily identifiable for the EPO and the applicant can still correct it within the time limit (T 14/89, OJ EPO 1990, 432 followed).
4. If a warning can be expected but is not issued to the applicant within the time limit to be observed, the EPO must set a period in which the applicant can correct the deficiency and perform the procedural act in due time.
|Relevant legal provisions:||
|Keywords:||Restitutio - omitted payment not completed
Principle of good faith
Obligation to warn applicant of any impending loss of rights
Time limit for correction of the deficiency
Date retrieved: 30 December 2018