GL E VIII 4 Accelerated prosecution of European patent applications

Applicants requiring faster search or examination can ask to have their applications processed under the programme for accelerated prosecution of European patent applications (PACE) (see the Notice from the EPO dated 30 November 2015, OJ EPO 2015, A93; for PACE requests filed before 1 January 2016 see also OJ EPO 2010, 352).

GL E VIII 3.3 Decision on re-establishment of rights

The department competent to decide on the omitted act is also competent to decide on the request for re-establishment of rights.

GL E VIII 3.2 Merit of the request

Applicants can have their rights re-established only if they show that they were unable to observe a time limit vis-à-vis the EPO in spite of all due care required by the circumstances having been taken. The obligation to exercise due care must be considered in the light of the situation as it stood before the missed time limit expired.

GL E VIII 3.1.4 Substantiation of the request

The request must state the grounds on which it is based, and must set out the facts on which it relies.

GL E VIII 3.1.3 Form of the request and applicable time limit

As a rule, the request for re-establishment of rights must be filed in writing within two months from the removal of the cause of non-compliance with the time limit, but at the latest within one year of expiry of the unobserved time limit.

GL E VIII 3.1.2 Entitlement to file the request

The wording of Art. 122(1) implies that re-establishment of rights is available only to applicants and proprietors. Therefore, opponents are in principle not entitled to request re-establishment of rights, e.g. in respect of the time limit for filing an appeal (see T 210/89).

GL E VIII 3.1.1 Time limits covered

Failure to observe the time limit must have the direct consequence of causing the refusal of the European patent application or of a request, or the deeming of the European patent application to have been withdrawn, or the revocation of the European patent, or the loss of any other right or means of redress.

GL E VIII 3.1 Admissibility of the request

3.1.1 Time limits covered

3.1.2 Entitlement to file the request

3.1.3 Form of the request and applicable time limit

3.1.4 Substantiation of the request

GL E VIII 3 Re-establishment of rights

An applicant for or proprietor of a European patent who, despite taking all due care required by the circumstances, was unable to observe a time limit vis-à-vis the EPO may apply to have their rights re-established.[Art. 122(1); ]

3.1 Admissibility of the request

3.2 Merit of the request

GL E VIII 2 Further processing

If the European patent application is to be refused or is refused or deemed to be withdrawn following failure to reply within a time limit vis-à-vis the EPO, the application is allowed to proceed if the applicant makes a request for further processing of the application within two months of the communication concerning either the failure to observe a time limit or a loss of rights. Further processing must be requested by payment of the prescribed fee. The omitted act must be completed within the period for making the request.