Procedural Flashcards
Further processing article number
Article 121.
Loss of rights notice rule number
Rule 112
Reinstatement article number
Article 122
Reinstatement rule number
Rule 135
10 day mailing rule number
Rule 126(2)
Extension of time article number
Article 120.
Must have requested this and paid fee by original deadline.
Reinstatement formalities
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.
Article 121
Further processing article number
Rule 112
Loss of rights notice rule number
Rule 126(2)
10 day mailing rule
Article 120
Extension of time article number
Rule 135
Reinstatement rule number
Article 122
Reinstatement article number
Rule 134(1)
Non-working days at EPO.
Rule 132(2)
Extension of time rule number
Non-working days at EPO rule number
Rule 134(1)
Extensions of time rule number
Rule 132(2) (Rule 132 Periods specified by the European Patent Office)
Rule 71(3)
Notice of allowance
Communication pursuant to Article 94(3)
Examination report - 4 months to respond
Rule 131(3)
If the date doesn’t exist, go backwards do not cross a month boundary
If the date doesn’t exist, go backwards do not cross a month boundary rule number
Rule 131(3)
Communication pursuant to Article 94(3) received, how long to reply?
10 day mailing rule (Rule 126(2)) + 4 months
Communication pursuant to Article 94(3) received.
10 day mailing rule (Rule 126(2)) + 4 months to respond.
What if cant meet this deadline?
Need to request an extension of time (Rule 132(2), Article 120) and pay fee BEFORE expiry of deadline.
Two month extension.
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?
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!
