What are the requirements for filing a request for re-establishment of rights in Italy?
A request for re-establishment of rights (i.e.restitutio in integrum) shall be filed with the IPTO within two months from the removal of the cause of non compliance, i.e. within two months from the date in which the holder of the right became aware of the loss; however, the request shall be filed within one year of expiry of the unobserved time limit, at the latest.
In order to have its rights re-established, the holder will have to prove that all due care required by the circumstances has been taken; in other words, that the party has been diligent and careful.
Consequently, in order to file a request for re-establishment of rights, a detailed explanation of the facts that led to the loss of rights is necessary. If, for instance, a renewal fee was not paid in due time, this would include an explanation of how renewal fees are normally handled by the holder; what type of double check is normally performed by the holder to make sure that renewal fees are timely paid; information about the person responsible for renewal fee payment; information about the software (if any) used for handling renewal fees; whether renewal fees are paid by a specialized company and, if so, which one; information about what prevented the holder from paying the due fee.
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