An applicant who has not complied with a time limit vis-à-vis the National Institute of Industrial Property may lodge an appeal with a view to having his rights restored if he proves a legitimate excuse and if failure to comply with the time limit has as a direct consequence the rejection of the patent application or a request, the lapse of the patent application or patent or the loss of any other right.
The appeal must be submitted to the Director General of the National Institute of Industrial Property within two months of the cessation of the impediment. Any action not taken must be taken within this period. The appeal shall only be admissible within a period of one year from the expiry of the unobserved period.
Where the appeal relates to the non-payment of a maintenance fee, the unobserved period means the period of grace provided for in the second paragraph of Article L. 612-19 and restoration shall only be granted by the Director General of the National Institute of Industrial Property on condition that the maintenance fees due on the day of restoration have been paid within the period prescribed by regulation.
The provisions of this Article shall not apply either to the time limits provided for in the second and third paragraphs, to Article L. 612-16-1 and the time limits for filing and correcting a declaration of priority prescribed by regulation, nor the priority period instituted by Article 4 of the Paris Convention for the Protection of Industrial Property , nor the time limit laid down in Article L. 613-23 for filing an opposition or the time limits set as part of the examination phase mentioned in the first paragraph of Article L. 613-23-2.