| Re-establishment of rights / Legitimate reason (L612-16) (07-1998) |
The re-establishment of rights in the event of failure to observe a time limit is subjected to the requirements of the French Law (Art. L612-16).
The conditions are :
* the direct consequence of the hindrance has been refusal of the patent application or of a request or the loss of any other rights or means of appeal,
* within 2 months of the hindrance ceasing to exist, the appeal must be submitted to the Director of the INPI and the omitted act has to be accomplished,
* the appeal has to be done within one year from expiry of the time limit not complied with,
* a legitimate reason has to be given.
The legitimate reasons are, for example :
* medical or personal grounds,
* professional or financial difficulties, and
* the fault of the qualified attorney.
The fault of the qualified attorney has to be declared, the other reasons have to be proven, and sent to the INPI with the requested re-establishment of rights in the delay. The omission has to be corrected.
The INPI will examine whether all requirements are answered and, if so, re-establish the rights.
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