The original EPC provided two procedures to excuse missed deadlines, other than appeals. These were “further processing” and “restitutio” (or “re-establishment of rights”). 

Further processing requires only a fee payment and a simple request, and there is no need to explain why the deadline was missed. Restitutio on the other hand also requires one to prove that the deadline was missed despite “all due care” having been taken, making it a much more burdensome option. The problem for applicants under the current EPC is that further processing is only available in limited circumstances, and it is difficult for applicants to meet the high standard required for restitutio.

Under EPC 2000, further processing will become the standard remedy for missed deadlines, which will be a very welcome change. Further processing will still be ruled out in respect of a small number of situations, including the time limits in respect of:

• requesting further processing or re-establishment of rights;
• the 12 month priority deadline;
• paying renewal fees under extension;
• filing the declaration of priority;
• filing an appeal; and
• filing a petition for review by the Enlarged Board of Appeal.

It is disappointing to note that under EPC 2000, further processing will not be an available remedy for a failure to pay renewal fees on time. Nevertheless, the application of further processing to a wider range of situations will naturally be of benefit to patent practitioners who miss a deadline during the grant procedure.