A Lifeline on Commnuity Design: How to Restore your Community Design Rights

Restitutio in Integrum

Restitutio in integrum is an important remedy in the patent application process. Even if the applicant has taken all due care within the specified time limits, unforeseen and exceptional circumstances might prevent timely submission. In such cases, this request provides an opportunity to restore rights, ensuring protection under specific conditions.

If, despite all due care in the circumstances, an application fails to meet the time limits, a restitutio in integrum request can be filed. This is applicable when the failure directly results in losing rights or remedies under the Regulation. Reestablishment of rights occurs only under unforeseeable and involuntary special circumstances.

Instances demonstrating "all due care":

Generally, issues with postal or delivery service fall outside the party's lack of due care. The required level of diligence is determined by all relevant circumstances, including any office errors and their impact. Even without perfect diligence, reestablishment might be granted due to office errors. 

Natural disasters and general strikes are considered to meet the due care requirement.

Instances failing "all due care":

• Document management errors by employees or systems are foreseeable; there should be systems to monitor and detect such errors.
• Workloads and organizational pressures on employees don't meet the due care standard.
• Miscalculations of deadlines are not unforeseeable special events.
• Routine supervisory errors by line managers do not constitute special circumstances.
• Absence of key accounting staff isn't special or unforeseeable.
• Clerical errors in deadline entries aren't special or unforeseeable events.
• Misunderstanding applicable law generally isn't an "impediment" to meeting deadlines.
• Delays by the right holder in providing instructions aren't special circumstances.
• Financial issues, bankruptcy, and unemployment of the company don't justify missing renewal deadlines.
• Legal errors by agents or the deletion of deadlines by assistants aren't grounds for reestablishment, as they aren't unforeseeable special cases. 

Time Limits: 

The request must be filed within 2 months from the removal of the cause of non-performance, or from the completion of the omitted act, but no later than 1 year from the missed deadline. 

• The removal date is when the party first knew or should have known the facts leading to non-compliance. If due to the agent’s absence or illness, it's the date of their return to work. For renewal application non-submission, it's calculated from the end of protection, not the 6-month period expiration. 

Fee: 

The request incurs a fee of EUR 200, payable within the deadline. 

A single fee suffices for multiple rights if all conditions are satisfied; otherwise, each design requires separate fees.

Language: 

During registration, use the language specified in the application; in opposition, use the proceeding language; for renewals, use one of the authority’s five languages. Incorrect language or failing to submit the correct translation timely results in inadmissibility and rejection of the request.

Evidence: 

When filing, applicants must state reasons and list supporting facts. As approval hinges on facts, it's best to submit evidence in sworn or affirmed form. Statements from interested parties or their employees are less compelling than independent evidence.

The omitted act must be completed at the latest with the request for reestablishment.