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;
When, in the cases referred to in paragraph 1(a) or paragraph 1(b), the European Patent Office has been informed of the identity of the person authorised to continue the proceedings, it shall notify such person and, where applicable, any third party, that the proceedings will be resumed as from a specified date.
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 Office has informed the other parties 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:
where Article 133, paragraph 2, is applicable, that the European patent application will be deemed to be withdrawn or the European patent will be revoked if the information is not submitted within two months of this communication; or
Any periods, other than those for requesting examination and paying renewal fees, in force 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 within two months of such date.
Date retrieved: 02 November 2015
36 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
EPC Implementing Rules
EPO Guidelines - D Opposition and Limitation/Revocation Procedures
EPO Guidelines - E General Procedural Matters
Offical Journal of the EPO
XOJ EPO SE 1/2014, p109 - XIII. RESPONSIBILITIES OF THE LEGAL DIVISION XIII.1 Responsibilities of the Legal Division
XOJ EPO 2013, 600 - Decision of the President of the European Patent Office dated 21 November 2013 concerning the responsibilities of the Legal Division
Case Law Book
Case Law Book: III Amendments
XCLR III D 3.4 Determining legal incapacity of the representative for the purpose of Rule 142(1)(c) EPC