An international application was filed in 2005 (with priority of 2004) with the wrong receiving office -the USPTO- who assigned an application number to it. The international application entered the EP regional phase in Nov 2006, and the EPO assigned a EP application number to it. About three years (!!!) later, the USPTO recognized that they were not a competent receiving office and transmitted the international application to the International Bureau, which assigned it a new international application number. The EPO assigned a new European application number to it. Somewhat later, the EPO issued a loss-of-rights communication due to non-performance of the acts for entry for the application with the new number. The IB/RO notified the (original) applicant's professional representative that the international application (with the new number) was declared to be considered withdrawn for failure to pay the prescribed fees to the IB/RO. Various renewal fees were paid in the European phase. But then, in 2014, the Receiving Section issued a communication that the Euro-PCT application that had two European application numbers assigned would be consolidated as a single application. Furthermore, the appellant was informed that the application could not be processed by the EPO as designated Office, as it was considered withdrawn in the international phase, and that the time limit for requesting review of the findings of the IB/RO under Articles 24(2) and 25(2)(a) PCT seemed to have expired. The Receiving Section on 17 August 2016 decided that the application was deemed to be withdrawn with effect from 22 January 2009. It came to the conclusion that, as the IB/RO with notification of 22 January 2009 considered the international application withdrawn by virtue of Article 14(3)(a) PCT for failure to pay the prescribed fees, its effect as a regular Euro-PCT application (Articles 11(3) PCT, 153(2) EPC) had ceased as from the date of mailing of the notification from the IB/RO, with the same consequences as the withdrawal of a European application (Article 24(1)(ii) PCT). The applicant appealed this decision. Despite a range of arguments, including good faith, the applicant was not successful.
