According to rule 100 of the European Paten Convention (EPC) Implementing Regulations (IR) ,

Unless otherwise provided, the provisions relating to proceedings before the European Patent Office (EPO) department which has taken the decision impugned shall apply to appeal proceedings.

In the examination of the appeal, the EPO Board of Appeal shall invite the parties, as often as necessary, to file observations, within a period to be specified, on communications issued by itself or observations submitted by another party.

If the applicant fails to reply in due time to an invitation under paragraph 2 of this Rule, the European patent application shall be deemed to be withdrawn, unless the decision impugned was taken by the Legal Division.

Prepared March 26th , 2024

by European Patent Registration and Consulting Services
provided by Lawyers Antevski– European patent law services
Tel.+41 76 7094620; ; Tel.+38970 260 389;
Fax. +389 2 3239 168; Fax.+4989 919454;