Q. Continuation of the opposition proceedings by the EPO

1.Surrender and lapse of the patent

1.1.Surrender of patent

1.2.Continuation of the opposition proceedings after lapse or surrender (Rule 84(1) EPC)

1.2.1Request for continuation of the proceedings made by the opponent

1.2.2Request for continuation of the proceedings made by the patent proprietor

2.Death or legal incapacity of an opponent

3.Withdrawal of opposition

3.1.Form and effect of withdrawal on party status

3.2.Effect of withdrawal on opposition proceedings before the departments of first instance

3.3.Effect of withdrawal on opposition appeal proceedings

R. 84 EPC provides for the continuation of opposition proceedings by the EPO of its own motion. This may happen in the following circumstances: where the patent has lapsed or been surrendered and the opponent requests continuation of the opposition proceedings (R. 84(1) EPC); in the event of the death or legal incapacity of an opponent and where the opposition has been withdrawn (R. 84(2) EPC). In the case of a withdrawal of the opposition during the opposition appeal proceedings, there are a number of procedural consequences which depend on the party status of the opponent and which do not permit the exercise of discretion as to whether or not opposition appeal proceedings are continued (see in this chapter III.Q.3.3.).