A request for re-establishment should be filed within two months of the date of removal of non-compliance. This date may be the date on which the applicant became aware of the missed due date, even if the professional representative did receive the EPO communications mentioning the failure to comply with the deadline.

Case date: 18 June 2019
Case number: J 0006/18
Court: European Patent Office (EPO), Board of Appeal

A full summary of this case has been published on Kluwer IP Law.


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