If an applicant fails to meet a deadline set by the European Patent Office (EPO) during patent prosecution, the European Patent Convention provides three possible legal remedies. The remedy that is available depends on the specific action missed.
Further processing is a common and frequently used remedy available at the EPO for patent applications where theapplication is to be refused or deemed to be withdrawn following the applicant's failure to reply within a time limit set by the EPO. This usually occurs when the applicant fails to respond to a written invitation issued by the EPO. Read more