EUROPEAN PATENT - PROCEDURE WHERE THE PROPRIETOR OF THE PATENT IS NOT ENTITLED

According to rule 78 of the European Patent Convention (EPC) Implementing Regulations,

(1)

If a third party provides evidence, during opposition proceedings or during the opposition period, that he has instituted proceedings against the proprietor of the European patent, seeking a decision within the meaning of Article 61, paragraph 1 of the EPC (re. European patent applications filed by non-entitled persons ), opposition proceedings shall be stayed unless the third party communicates to the European Patent Office in writing his consent to the continuation of such proceedings. Such consent shall be irrevocable. However, proceedings shall not be stayed until the European Patent Office Opposition Division has deemed the opposition admissible. Rule 14, paragraphs 2 to 4, (re. European patent applications filed by non-entitled persons ) of the EPC Implementing Regulations shall apply mutatis mutandis.

(2)

Where a third party has, in accordance with Article 99, paragraph 4 (re. Opposition) of EPC, replaced the previous proprietor for one or some of the designated EPC Contracting States, the patent as maintained in opposition proceedings may, for these States, contain claims, a description and drawings different from those for the other designated States

 

Prepared , August 1st, 2022

by European Patent Registration and Consulting Services

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

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