5.5. Persons required to exercise due care; requirements regarding due care

Primarily it is up to the applicant (patent proprietor) to show due care. The applicant has to accept the actions of his representative, including the actions of the attorney's assistants and employees, on his behalf (J 5/13 with reference to J 5/80, OJ 1981, 343; J 1/07). The "due-care" obligation is assessed differently, depending on whether an applicant, his representative or an assistant is involved.