Reinstatement / Restoration of rights

Don´t let a missed deadline derail your IP

Have you missed a deadline, e.g. timely paying the annual fee or filing a necessary request, and now your patent or patent application is deemed to be withdrawn or has expired?

First and foremost, stay calm.

When the cause is an oversight and you can credibly prove this, a reinstatement into the previous status is possible in many cases. A missed action and/or payment can then be made up for, reviving the IP right. It is important not to lose any time after discovering an error and to collect the details of how the accidental lapse could have occurred.

At the same time, contact should be made with Meissner Bolte as soon as possible to coordinate important details. Time is of the essence, as a successful reactivation is only possible within two months of discovery and a maximum of one year after the error occurred (Art. 122 EPC, Sec. 123 German Patent Act). Also, a "recovery" of a missed priority deadline is only possible up to a maximum of two months after the missed deadline. In certain cases, a request for restoration may not be necessary and can be replaced by a request for further processing.

In the course of his legal practice at Meissner Bolte, Mr. Manfred Lunz has successfully handled well over 100 reinstatement proceedings before the German Patent and Trade Mark Office (GPTO) and the European Patent Office (EPO) to a positive outcome for external law firms, service providers and IP-applicants. Mr. Lunz has extensive experience in the field of rescuing and restoring EP and German IP rights as well as German parts of EP patents that have lapsed accidentally (restoration to original condition). Furthermore, he supervises and assesses restoration proceedings and, in particularly critical cases, also prepares second opinions with respect to the best way of reviving inadvertently expired IP rights.

For all your needs in national and international Patent, Trade Mark and Design Law, the development of product-related IP strategies, and analysis of IP rights, Mr. Lunz offers special expertise in the field of reinstatements. For those considering re-establishment, Meissner Bolte provides comprehensive support. Secure and rescue your IP rights with expert assistance in German and European Patent Office filings as well as patent and trade mark office procedures.

Manfred Lunz

Patent Attorney, Dipl.-Chem.