HPL Art. 49,
HPL Art. 61(1)(c),
HPL Art. 48(3),
par. (1) to (3),
HPL Art. 61(2) and (6)
Restitutio in integrum may be requested where the applicant has failed to observe a time limit during the international phase or before the Office.
A request for restitutio in integrum may be submitted within two months of the unobserved date or on the last day of the unobserved time limit, if the failure occurred through no fault of the applicant. The request must indicate the reasons for failing to comply and that the failure was unintentional.
Where the failure to comply became known to the applicant subsequently or the cause thereof was removed subsequently, the time limit shall be calculated from the date on which the failure to comply became known or the cause thereof was removed. The request for restitutio in integrum shall only be admissible within twelve months from the date not complied with or the last day of the time limit not complied with.
Where a time limit is not complied with, the omitted act must be carried out simultaneously with the filing of the request for restitutio in integrum.
If the Office grants restitutio in integrum, the acts carried out by the applicant in default shall be considered to have been performed within the time limit not complied with; a hearing held on the date not complied with shall be repeated where necessary. The decision taken as a result of the failure shall be revoked in whole or in part, modified or maintained as necessary or depending on the outcome of the new hearing.
Restitutio in integrum shall be excluded in the event of failing to comply with the following time limits:
(a) time limits fixed for filing the request for restitutio in integrum and the request for continuation of the procedure;
(b) time limits fixed for filing and correcting the declaration of priority.
Restitutio in integrum shall not be admissible with respect to time limits the consequences of failing to comply with which may be averted by a request for continuation of the procedure.
HPL Art. 40
Where the patent protection ceased due to failure to pay the annual fee and such failure was caused by a justifiable reason, the patent protection may be restored upon request filed within three months after the expiration of the six-month grace period referred to in paragraph HU.07 and provided that double the annual fee for the year in question is paid.