Procedural

Question 1

Further processing article number

Answer 1

Article 121.

Question 2

Loss of rights notice rule number

Answer 2

Rule 112

Question 3

Reinstatement article number

Answer 3

Article 122

Question 4

Reinstatement rule number

Answer 4

Rule 135

Question 5

10 day mailing rule number

Answer 5

Rule 126(2)

Question 6

Extension of time article number

Answer 6

Article 120.

Must have requested this and paid fee by original deadline.

Question 7

Reinstatement formalities

Answer 7

Article 122, Rule 135
A request for re-establishment of rights is only admissible within the year immediately following the expiry of the unobserved time limit.
In principle, a request must be filed within two months of removal of the cause of non-compliance and, at the latest, within one year after expiry of the unobserved time limit.

Third party rights.

Question 8

Article 121

Answer 8

Further processing article number

Question 9

Rule 112

Answer 9

Loss of rights notice rule number

Question 10

Rule 126(2)

Answer 10

10 day mailing rule

Question 11

Article 120

Answer 11

Extension of time article number

Question 12

Rule 135

Answer 12

Reinstatement rule number

Question 13

Article 122

Answer 13

Reinstatement article number

Question 14

Rule 134(1)

Answer 14

Non-working days at EPO.

Question 15

Rule 132(2)

Answer 15

Extension of time rule number

Question 16

Non-working days at EPO rule number

Answer 16

Rule 134(1)

Question 17

Extensions of time rule number

Answer 17

Rule 132(2) (Rule 132
Periods specified by the European Patent Office)

Question 18

Rule 71(3)

Answer 18

Notice of allowance

Question 19

Communication pursuant to Article 94(3)

Answer 19

Examination report - 4 months to respond

Question 20

Rule 131(3)

Answer 20

If the date doesn’t exist, go backwards do not cross a month boundary

Question 21

If the date doesn’t exist, go backwards do not cross a month boundary rule number

Answer 21

Rule 131(3)

Question 22

Communication pursuant to Article 94(3) received, how long to reply?

Answer 22

10 day mailing rule (Rule 126(2)) + 4 months

Question 23

Communication pursuant to Article 94(3) received.
10 day mailing rule (Rule 126(2)) + 4 months to respond.
What if cant meet this deadline?

Answer 23

Need to request an extension of time (Rule 132(2), Article 120) and pay fee BEFORE expiry of deadline.

Two month extension.

Question 24

Communication pursuant to Article 94(3) received.
10 day mailing rule (Rule 126(2)) + 4 months to respond.
Cant meet deadline so before expiry of above period requested and paid for an extension of time (Rule 132(2), Article 120) of two months.
New deadline is date of original 94(3) + 10 day mailing rule (Rule 162(2)) + 6 months.

What if cant meet this deadline?

Answer 24

Case will receive at some point a loss of rights notice under Rule 112 which has a 10 day mailing rule (Rule 126(2)) still + two months to respond.

By this deadline, the omitted act must be completed, further processing requested and fee paid!

Question 25

Communication pursuant to Article 94(3) received.
10 day mailing rule (Rule 126(2)) + 4 months to respond.
Cant meet deadline so before expiry of above period requested and paid for an extension of time (Rule 132(2), Article 120) of two months.
New deadline is date of original 94(3) + 10 day mailing rule (Rule 126(2)) + 6 months. This deadline is not met.

A Rule 112 - loss of rights notice is received, what is the deadline for response and what must be done by this deadline to maintain the application?

Answer 25

Rule 112 - loss of rights notice - 10 day mailing rule (126(2)) + 2 months.

Must request further processing (Article 121) and pay fee and completed omitted act by this deadline.

Question 26

Communication pursuant to Article 94(3) received.
10 day mailing rule (Rule 126(2)) + 4 months to respond.

Cant meet deadline so before expiry of above period requested and paid for an extension of time (Rule 132(2), Article 120) of two months.

New deadline is date of original 94(3) + 10 day mailing rule (Rule 126(2)) + 6 months. This deadline is not met.

Loss of rights (Rule 112) received with a 10 day mailing rule (Rule 126(2)) + 2 months deadline to complete omitted act, request further processing (Article 121) and pay extra fee. This deadline is not met.

What options are left?

Answer 26

Reinstatement under rule 135, article 122.