GL E VIII 1.9.3 Decision on loss of rights

If the party concerned considers that the finding of the EPO is inaccurate, they may, within two months after notification of the communication, apply for a decision on the matter by the EPO.[Rule 112(2); ]

The competent department of the EPO will give such a decision only if it does not share the opinion of the person requesting it; otherwise it will inform the person requesting the decision and then continue with the proceedings.

GL E VIII 1.9.2 Noting and communication of loss of rights

If there has been a loss of any right as described in E‑VIII, 1.9.1, a formalities officer will note such loss of rights and communicate this to the person concerned. The communication will be notified to the person concerned as a matter of course (see also D‑IV, 1.4.1).[Art. 119; Rule 112(1); ]

GL E VIII 1.9.1 Cases of loss of rights

If a party to the proceedings or a third party fails to comply with a time limit laid down in the EPC or fixed by the EPO, this will result in a loss of rights in certain cases specified in the EPC, without any decision concerning the refusal of the European patent application or the grant, revocation or maintenance of the European patent, or the taking of evidence.[Rule 112; ]

GL E VIII 1.9 Loss of rights

1.9.1 Cases of loss of rights

1.9.2 Noting and communication of loss of rights

1.9.3 Decision on loss of rights

GL E VIII 1.8 Failure to respond within a time limit

If a party has not acted within a time limit, various sanctions may be applied depending on the circumstances. For instance, under Art. 90(2) and Rule 55 the application will not be proceeded with; under Art. 90(5) the application will be refused or a right of priority lost; under Rule 5 a document may be deemed not to have been received.

GL E VIII 1.7 Late receipt of documents

If a document received late was delivered to a recognised postal service provider at least five days before expiry of the time limit and was received no later than three months after expiry of the time limit, it will be deemed to have been received in due time under Rule 133. The five days are calendar days, not working days.

GL E VIII 1.6.2.3 Scope of application of Rule 134

An extension under Rule 134 applies to all periods under the EPC (see E-VIII, 1.1), including, in particular:

–the time limits for the filing of submissions, e.g. replies to EPO communications;

GL E VIII 1.6.2.2 Extension of periods under Rule 134(2) and Rule 134(5)

Where there is a general dislocation in the delivery or transmission of mail in a contracting state, any period expiring during such dislocation is extended for parties who are resident in the state concerned or have appointed a representative with a place if business in that state. Where the state concerned is the state in which the EPO is located, the extension applies to all parties and representatives, irrespective of their residence.

GL E VIII 1.6.2.1 Extension of periods under Rule 134(1)

Periods that expire on a day on which at least one of the filing offices of the European Patent Office (i.e.

GL E VIII 1.6.2 Extension of periods under Rule 134

1.6.2.1 Extension of periods under Rule 134(1)

1.6.2.2 Extension of periods under Rule 134(2) and Rule 134(5)

1.6.2.3 Scope of application of Rule 134