What changes does the EPC 2000 introduce with regard to re-establishment of rights (Article 122 EPC 2000)?
The EPC 2000 provides, for the first time, for re-establishment of rights in respect of the priority period under Article 87(1) EPC 2000 (see Rule 136(1) EPC 2000). The request must be filed within two months of the expiry of the priority period. With regard to the extended application of further processing, Rule 136(3) EPC 2000 rules out the re-establishment of rights in respect of any period for which further processing under Article 121 EPC 2000 is available. In accordance with existing law (Article 122(5) EPC), Rule 136(3) EPC 2000 rules out re-establishment of rights in respect of the time limit for requesting re-establishment of rights. However, from the interrelated Articles 121 and 122 EPC 2000 it follows that the re-establishment of rights is possible in respect of the time limit for requesting further processing. The requirements for re-establishment and the relevant procedure remain unchanged.
Related Questions
- What changes does the EPC 2000 entail with regard to international applications entering the regional phase before the EPO which do not meet the requirements of unity of invention?
- What changes does the EPC 2000 involve with regard to further processing as a remedy (Article 121 EPC 2000)?
- What changes does the EPC 2000 introduce with regard to re-establishment of rights (Article 122 EPC 2000)?
