J 0003/86 - Excusable isolated mistakes / restitutio - of 21.10.1986 - #76

Citation rank: 76
No. of citations: 64

J 3/86 had to decide on a request for restitutio in integrum (Art. 122) by an applicant who failed to timely pay the annuity fees for two of his European patent applications (in this case: two divisional applications).

The request for restitutio was not allowed at first instance, because the statement setting out the grounds of the non-payment was deemed insufficient ("... because of the circumstances arising from the arrangements for the payment of maintenance fees" between the representative's office and the Appellant).

The appellant, however, filed further statements, affidavits and arguments in support of his appeal against the first-instance decision.

The Board held that Article 122 was intended to ensure that loss of rights does not result from an isolated mistake in an otherwise satisfactory system; thus, an appellant or its representative must be able to demonstrate that a normally effective system for monitoring time limits prescribed by the EPC was established at the relevant time in the office in question.

The Board reconsidered the request and finally allowed restitutio.

 ---

Headnote:

Article 122 EPC is intended to ensure that in appropriate cases the loss of substantive rights does not result from an isolated procedural mistake within a normally satisfactory system.

The full text of the decision can be found here.