Educational content: Further processing
After my last time-limit related educational post, Further processing came up as an option to extend certain time limits before the EPO, so I decided to write a post about it.
Further processing does not extend time limits but can be requested if the European patent application is refused or deemed to be withdrawn following failure to reply within a time limit before the EPO. Since no written request or reasoning is required, it is a simple and useful procedure to revive the application.
What you should not forget:
checking if the time limit is not excluded under Art.121(4) or R.135(2),
completing the omitted act (such as the payment of a certain fee and/or amending the application and/or responding to an office action),
paying the fee for Further processing (flat fee of EUR 265 or 50% of the missed fee if the omitted act is payment of a fee), and
doing the above two within 2 months of the EPO communication about the loss-of-rights or failure for all the missed acts separately. (Side note: You don't have to wait for the loss-of-rights communication to arrive to be able to request Further processing, you can do the necessary steps right after you missed the time limit.)
Further processing is only available to applicants, before the grant of the application, so opponents and patent proprietors cannot request it.
I have summarised the details in the enclosed pdf. Feel free to save it! (You can download the pdf by clicking on the image below.)
