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Article 122 Verdrag inzake de verlening van Europese octrooien (Europees Octrooiverdrag)

COMMON PROVISIONS GOVERNING PROCEDURE

1 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causing the refusal of the European patent application or of a request, or the deeming of the application to have been withdrawn, or the revocation of the European patent, or the loss of any other right or means of redress.

2 The European Patent Office shall grant the request, provided that the conditions of paragraph 1 and any other requirements laid down in the Implementing Regulations are met. Otherwise, it shall reject the request.

3 If the request is granted, the legal consequences of the failure to observe the time limit shall be deemed not to have ensued.

4 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.

5 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 referred to in paragraph 1 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.

6 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.

Regeling
Verdrag inzake de verlening van Europese octrooien (Europees Octrooiverdrag)
Afkortingen
EOV, Europees Octrooiverdrag
Soort
Verdrag
Geldend vanaf
01-06-2026
BWB-id
BWBV0003819
Versie
2026-06-01_0

In de hele regeling · Officiële tekst op wetten.overheid.nl