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Failure to observe the period for filing Italian translation of a European patent and "continuation of the procedure"
With the decision no. 11/11 of 22 December 2011, the Board of Appeal has upheld the appeal filed by Texaco Development Corporation, thus admitting the applicability of the "continuation of the procedure" under Art. 192 of the Industrial Property Code (IPC) in order to obtain the deferment of the term of three months under Art. 56 (4) IPC for filing the Italian translation of a European patent. The decision has become final.
For being allowable, the request for "continuation of the procedure" must be submitted within two months from the expiry of the unobserved time limit, i.e. the deadline for submission of the translation of a European patent (three months from the date of publication in the European Patent Bulletin of the mention of the grant of the patent), and must be accompanied by proof of having completed, within the same period, the omitted act. Payment of the fees for the continuation of the procedure must be proved with the request.