Restitutio in Integrum - Patent Law

Patent Law

See also: Restitutio in integrum under the European Patent Convention

The expression restitutio in integrum is also used in patent law, namely in the European Patent Convention (EPC), and refers to a means of redress available to an applicant or patentee who has failed to meet a time limit in spite of exercising "all due care required by the circumstances" (Article 122 EPC). If the request for restitutio in integrum is accepted, the applicant or patentee is re-established in its rights, as if the time limit had been duly met.

According to decision G 1/86 of the Enlarged Board of Appeal of the European Patent Office, other parties such as opponents are not barred from the restitutio in integrum by principle. For instance, if an opponent fails to file the statement of grounds for appeal in spite of all due care, after having duly filed the notice of appeal, restitutio remedies will be available to him or her.