Chapter VI – Interruption of proceedings
Rule 90 130
Interruption of proceedings
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A revised version of the European Patent Convention entered into force on 13 December 2007. The provisions of the revised Convention apply unless the transitional provisions provide for the applicability of the EPC 1973. |
(1) Proceedings before the European Patent Office shall be interrupted:
(a) in the event of the death or legal incapacity of the applicant for or proprietor of a European patent or of the person authorised by national law to act on his behalf. To the extent that the above events do not affect the authorisation of a representative appointed under Article 134, proceedings shall be interrupted only on application by such representative;
(b) in the event of the applicant for or proprietor of a European patent, as a result of some action taken against his property, being prevented by legal reasons from continuing the proceedings before the European Patent Office;
(c) 131 in the event of the death or legal incapacity of the representative of an applicant for or proprietor of a European patent or of his being prevented for legal reasons resulting from action taken against his property from continuing the proceedings before the European Patent Office.
(2) When, in the cases referred to in paragraph 1(a) and (b), the European Patent Office has been informed of the identity of the person authorised to continue the proceedings before the European Patent Office, the European Patent Office shall communicate to such person and to any interested third party that the proceedings shall be resumed as from a date to be fixed by the European Patent Office.
(3) In the case referred to in paragraph 1(c), the proceedings shall be resumed when the European Patent Office has been informed of the appointment of a new representative of the applicant or when the European Patent Office has notified to the other parties the communication of the appointment of a new representative of the proprietor of the patent. If, three months after the beginning of the interruption of the proceedings, the European Patent Office has not been informed of the appointment of a new representative, it shall communicate to the applicant for or proprietor of the patent:
(a) where Article 133, paragraph 2, is applicable, that the European patent application will be deemed to be withdrawn or the European patent will be revoked if the information is not submitted within two months after this communication is notified, or
(b) where Article 133, paragraph 2, is not applicable, that the proceedings will be resumed with the applicant for or proprietor of the patent as from the date on which this communication is notified.
(4) The time limits, other than the time limit for making a request for examination and the time limit for paying the renewal fees, in force as regards the applicant for or proprietor of the patent at the date of interruption of the proceedings, shall begin again as from the day on which the proceedings are resumed. If such date is less than two months before the end of the period within which the request for examination must be filed, such a request may be filed up to the end of two months after such date.
130See decision of the President of the EPO dated 10.03.1989 concerning the responsibilities of the Legal Division (OJ EPO 1989, 177 ff), the notice of the Vice-President, DG 5 of the EPO dated 05.07.1990 concerning correspondence with the Legal Division (OJ EPO 1990, 404 f) and the decision of the Enlarged Board of Appeal G 1/97 (Annex I).
131Amended by decision of the Administrative Council of 05.06.1987 which entered into force on 05.06.1987 (OJ EPO 1987, 279).