The Do's And Don'ts Of Further Processing

Further processing is the standard remedy whenever a deadline is missed during prosecution of a European patent application.

The requirements for an allowable request for further processing are:

• The request must relate to a failed time limit arising in the course of prosecution of a patent application before the EPO. Actions before national offices are not covered by further processing. Nor are time limits which arise in post grant procedures such as oppositions or limitation actions.
• The failure to act must give rise to a loss of rights
• The time limit must not be excluded from further processing (see list below)
• The further processing fee must be paid
• All the omitted acts must be completed (there may be multiple acts)