1.9.3 Decision on loss of rights 

If the party concerned considers that the finding of the EPO is inaccurate, they may, within two months after notification of the communication, apply for a decision on the matter by the EPO.

The competent department of the EPO will give such a decision only if it does not share the opinion of the person requesting it; otherwise it will inform the person requesting the decision and then continue with the proceedings. Since such decisions are subject to appeal, the reasons on which they are based must be stated. Only the person affected by the loss of rights noted will be party to the proceedings.

The request under Rule 112(2) for a review of the accuracy of the communication under Rule 112(1) exists in parallel to the legal remedies against the loss of rights. It is advisable to apply for the appropriate legal remedy as an auxiliary request to that under Rule 112(2) in order to observe the relevant time limit for that request (see E‑VIII, 2 and E‑VIII, 3.1.3). The competent department will deal with the request under Rule 112(2) first. If it is allowable, all other requests are redundant and any related fees paid will be refunded. If it is not allowable, one decision will deal with the various requests in the order in which they were filed. If applicants fail to observe the time limit for requesting a decision under Rule 112(2), they may still apply for re-establishment of rights under Art. 122(1) and Rule 136(1) in respect of that time limit.