European patent - Continuation of the opposition proceedings by the European Patent Office of its own motion

According to Rule 84 of the European Patent Convention (EPC) Implementing Regulations (IR),

(1)

If the European patent has been surrendered in all the designated EPC Contracting States or has lapsed in all those States, the opposition proceedings may be continued at the request of the opponent filed within two months of a communication from the European Patent Office (EPO) informing him of the surrender or lapse.

(2)

In the event of the death or legal incapacity of an opponent, the opposition proceedings may be continued by the European Patent Office of its own motion, even without the participation of the heirs or legal representatives. The same shall apply where the opposition is withdrawn.

 

Prepared November 23rd, 2022

by European Patent Registration and Consulting Services

prov. by Lawyers Antevski member of network of ARI INTERNATIONAL Law &Trade from Liechtenstein

http://www.european-patent-registration.com

European Patent Registration and Consulting Services

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