Examination of European patent application
Re-establishment of rights
The Implementing Regulations specify:
(a) the time limits which are to be observed in proceedings before the European Patent Office and are not fixed by this Convention;
(b) the manner of computation of time limits and the conditions under which time limits may be extended;
(c) the minima and maxima for time limits to be determined by the European Patent Office.
If an applicant fails to observe a time limit vis-à-vis the European Patent Office, he may request further processing of the European patent application.
The European Patent Office shall grant the request, provided that the requirements laid down in the Implementing Regulations are met. Otherwise, it shall reject the request.
If the request is granted, the legal consequences of the failure to observe the time limit shall be deemed not to have ensued. Further processing shall be ruled out in respect of the time limits of Convention, as well as the time limits for requesting further processing or re-establishment of rights. The Implementing Regulations may rule out further processing for other time limits.
An applicant for or proprietor of a European patent who, in spite of all due care required by the circumstances having been taken, was unable to observe a time limit vis-à-vis the European Patent Office shall have his rights re-established upon request if the non-observance of this time limit has the direct consequence of causing the refusal of the European patent application or of a request, or the deeming of the application to have been withdrawn, or the revocation of the European patent, or the loss of any other right or means of redress.
The European Patent Office shall grant the request and any other requirements laid down in the Implementing Regulations are met. Otherwise, it shall reject the request.
If the request is granted, the legal consequences of the failure to observe the time limit shall be deemed not to have ensued.
Re-establishment of rights shall be ruled out in respect of the time limit for requesting re-establishment of rights. The Implementing Regulations may rule out re-establishment for other time limits.
Any person who, in a designated Contracting State, has in good faith used or made effective and serious preparations for using an invention which is the subject of a published European patent application or a European patent in the period between the loss of rights and publication in the European Patent Bulletin of the mention of re-establishment of those rights, may without payment continue such use in the course of his business or for the needs thereof.
Nothing in this Article shall limit the right of a Contracting State to grant re-establishment of rights in respect of time limits provided for in this Convention and to be observed vis-à-vis the authorities of such State.
Grant or refusal
If the Examining Division is of the opinion that the European patent application and the invention to which it relates meet the requirements of this Convention, it shall decide to grant a European patent, provided that the conditions laid down in the Implementing Regulations are fulfilled.
If the Examining Division is of the opinion that the European patent application or the invention to which it relates does not meet the requirements of this Convention, it shall refuse the application unless this Convention provides for a different legal consequence.
The decisions of the European Patent Office may only be based on grounds or evidence on which the parties concerned have had an opportunity to present their comments.
The European Patent Office shall examine, and decide upon, the European patent application or the European patent only in the text submitted to it, or agreed, by the applicant or the proprietor of the patent.
The decision to grant a European patent shall take effect on the date on which the mention of the grant is published in the European Patent Bulletin.
The European Patent Office shall publish the specification of the European patent as soon as possible after the mention of the grant of the European patent has been published in the European Patent Bulletin.
In the absence of procedural provisions in this Convention, the European Patent Office shall take into account the principles of procedural law generally recognized in the Contracting States.
