List of remedies

List of remedies - EPC

• Further processing.
• Re-establishment.
• Filing an appeal.
• And remedying a formal deficiency.
• And filing a divisional application.
• Contacting the EPO informally to enquire if the Notice of loss of rights was sent erroneously.
• Requesting a decision under Rule 112(2).
• E.g. on the ground that a letter from the EPO was not correctly notified. 
• Or on the ground that a required action was actually performed in time.
• Invoking the principle of protection of legitimate expectations and/or good faith.
• On the ground that the EPO had sufficient time to warn the party about the deficiency (principle of good faith)
• On the ground that the party justifiably relied on incorrect information from the EPO (principle of protection of legitimate expectations).
• Filing a request for conversion.
• Into a national patent application.
• Into a national utility model.
• After the revocation of the patent in opposition.
• Filing an Abzweigung national patent application in Germany or Austria (can also be done if the patent is revoked in opposition; can also be done shortly after the withdrawal or the grant of the European patent; always check with a national patent attorney).
• Paying the fee and filing the translated claims in opposition with surcharge (Rule 82(3)) or in limitation proceedings (Rule 95(3)).
• Filing a new patent application.
• With priority.
• Without priority, if the priority year has expired, but the invention is still secret, and the patent application is unpublished.
• To benefit from a grace period in certain non-EPC states.
• Directly filing a PCT application without priority if priority can not be validly claimed because of the "first application" rule.
• Directly filing a PCT application without priority to benefit from Art.55 EPC (evident abuse, or display at recognized exhibition).
• Filing a divisional application.
• To prosecute claims directed to unsearched subject-matter; R.137(5) and G2/92.
• To prosecute claims that are held inadmissible in appeal or under Rule 137(3).
• Adding missing parts under Rule 56 or adding correct parts under Rule 56a.
• Filing a sequence listing late with surcharge. 
• Filing the translated claims in opposition and/or paying the fee for publication in opposition late with surcharge. 
• Paying the renewal fee with a surcharge.
• Paying an extension fee or validation fee with a surcharge. 
• Invoking a retroactive interruption of proceedings (Rule 142).
• Invoking a closing day of the EPO or an outage of EPO electronic communication systems (Rule 134(1)) (under R.112(2)).
• Invoking general dislocation of mail in the contracting state where the party or representative resides (Rule 134(2)) (under Rule 112(2)).
• General dislocation of mail in DE or NL: for all parties.
• Invoking natural disasters, war, civil disorder, a general breakdown of the internet or other like reasons at the place of business of the party or representative (Rule 134(5)).
• Invoking that the failure to observe a period for payment is the result of exceptional circumstances beyond the applicant’s control, e.g. by the closure of banks or a ban on cross-border payments (R.134(5) by analogy; OJ 2019 A88)
• Invoking unavailability of an accepted means of filing debit orders under ADA.11.
• Invoking delay in delivery of documents sent by paper post or courier (Rule 133(1)).
• Invoking that payment by bank transfer was timely initiated (Rfees7(3)).
• Invoking that a bank transfer to replenish a deposit account was initiated timely (ADA 7.5).
• Request that a small shortfall of payment is overlooked (Rfees8).
• Invoke the transitional provisions in case of payment of the old fee amount after a fee increase (e.g. OJ 2022 A2 Art.4(3)). 
• Requesting a correction of an error under Rule 139, e.g. in the identification of the party, or in a debit order.
• Filing a new application under Article 61 EPC by the actually entitled person. 

Remedies - Euro-PCT

• Early entry, in combination with any remedies that would work if the application was a direct European application, e.g. further processing, re-establishment, or a correction under Rule 139 (excuse). 
• Request for restoration of priority upon EP entry.
• Re-instatement under Rule 49.6 PCT (though normally further processing is used).
• Request for review of an erroneous decision in the international phase. 

Which remedies did I forget about?