tag:blogger.com,1999:blog-8990057754240336385.post745254188549953525..comments2024-02-27T09:18:36.160+01:00Comments on DeltaPatents Case Law blog: T 0629/15 Re-establishment of rights - payment of renewal feeDeltaPatentshttp://www.blogger.com/profile/07830354704918972593noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-8990057754240336385.post-29950688531470589332016-03-17T12:21:30.691+01:002016-03-17T12:21:30.691+01:00For sure, when it boils down to risk loosing the c...For sure, when it boils down to risk loosing the client, then anything under the sun should attempted....<br /><br />I do agree that there is a difference between understanding the system and arguments put forward in a case, but it leaves a little taste. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8990057754240336385.post-4817907475700046182016-03-17T12:11:06.497+01:002016-03-17T12:11:06.497+01:00The interests of the client prevail over those of ...The interests of the client prevail over those of yourself or the EPO. Of course one makes sure that the client knows what the risks are, and what the likelihood of prevailing is. If the client then still wants you to take the case, you do the best you can. Even if you look foolish in the process.Sander van Rijnswouhttps://www.blogger.com/profile/08074604101159694993noreply@blogger.comtag:blogger.com,1999:blog-8990057754240336385.post-34501596188074390472016-03-17T11:32:07.453+01:002016-03-17T11:32:07.453+01:00Of course, also for saving one's own *ss, crea...Of course, also for saving one's own *ss, creativity may be required. But one should distinguish between whether a representative understands how the system works, and the arguments he puts forward to save a case. The first thing cannot be judged based on the latter. In that sense, every applicant also deserves a representative willing to look foolish. Though I am getting to feel a bit foolish myself, having to explain this.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8990057754240336385.post-18079519103175364542016-03-17T08:32:27.760+01:002016-03-17T08:32:27.760+01:00Doing "the best you can" even at the ris...Doing "the best you can" even at the risk of looking ridiculous, and ending with the Board telling directly and unambiguously the representative that he did not do his job properly? <br />See communication from the Board V., 5th and 4th ยง from the bottom: forwarding the notification of loss of rights by regular mail and the factual situation being such that it still left the representative one month to act.....<br />I am inclined to think that in spite of all creativity this was not the best way to help a client. <br />In the eyes of the Board, the European representative mucked it up, no more no less. Trying to compensate its own failure by creativity is not the best way to act....<br />It reminds me of the representative telling a Board that the time limit for replying to a communication was not the moment when it entered the firm, but when he got it on his desk. <br />I do not think that this should be the proper level for a "qualified" representative.<br /> Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8990057754240336385.post-18683088299435221462016-03-15T13:04:44.648+01:002016-03-15T13:04:44.648+01:00Quite right. If a client asks you to take case, yo...Quite right. If a client asks you to take case, you do the best you can.Sander van Rijnswouhttps://www.blogger.com/profile/08074604101159694993noreply@blogger.comtag:blogger.com,1999:blog-8990057754240336385.post-36952211779934497262016-03-15T11:05:37.885+01:002016-03-15T11:05:37.885+01:00Every applicant deserves a creative representative...Every applicant deserves a creative representative. The decision is up to the board.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8990057754240336385.post-87207349223567880032016-03-15T09:17:05.802+01:002016-03-15T09:17:05.802+01:00That a representative is not obliged to pay a fee ...That a representative is not obliged to pay a fee for a foreign applicant out of his own pocket is an established practice supported by case law, and it is good so.<br /><br />However, accepting that the time limit for filing the request for reestablishment starts with the moment the European representative is instructed to effect the missing payment, would leave the start of the 2 months period in the hand of the party filing such a request. This is against any legal certainty.<br /><br />The reason given by the European representative for not dealing the notification of loss of rights immediately, boils down to excess work pressure. A very compelling reason to say the least.....<br /><br />That the Board could not accept such views goes without saying. The decision is thus understandable and fully justified.<br /><br />It is amazing to see how far the creativity of some representatives go....Anonymousnoreply@blogger.com