GL E VII 3 Stay of proceedings when a referral to the Enlarged Board of Appeal is pending

Where a referral to the Enlarged Board of Appeal is pending and the outcome of examination or opposition proceedings depends entirely on the answer to the questions referred to the Enlarged Board of Appeal, the proceedings may be stayed by the examining or opposition division on its own initiative or on request of a party or the parties.

The party/ies will be informed of the intention to stay the proceedings.

GL E VII 2 Stay of proceedings under Rule 14 due to pending national entitlement proceedings

If third parties provide evidence that they have instituted proceedings against the applicant seeking a decision within the meaning of Art. 61(1), the proceedings for grant are stayed unless the third parties communicate to the EPO in writing their consent to the continuation of proceedings. This consent is irrevocable.

GL E VII 1.5 Resumption of time limits

Time limits in force on the date of interruption of the proceedings begin again, in their original length, as from the day on which the proceedings are resumed, with the exception of the time limits for requesting examination and for paying renewal fees.[Rule 142(4); ]

If the time limit for filing the request for examination is in force on the date of interruption of the proceedings, it is suspended (J 7/83; see also E‑VIII, 1.4

GL E VII 1.4 Resumption of proceedings

When, in the cases referred to in Rule 142(1)(a) or (b), the EPO has been informed of the identity of the person authorised to continue the proceedings before the EPO, it notifies that person and, where applicable, any third party, that the proceedings will be resumed as from a specified date.

GL E VII 1.3 Date of interruption

An interruption is registered (in general retroactively) with legal effect from the date of the occurrence of the event. In cases where proceedings are interrupted on request, the interruption is effected as from the date of receipt of the request at the EPO.

The parties are informed of the interruption of proceedings and the reasons for it. The date of interruption as well as the date of resumption of proceedings are recorded in the European Patent Register.[Rule 143(1)(t); ]

GL E VII 1.2 Responsible department

The Legal Division of the EPO bears sole responsibility for the interruption and resumption of proceedings under Rule 142 (see the Decision of the President of the EPO dated 21 November 2013, OJ EPO 2013, 600).[Art. 20; ]

GL E VII 1.1 Cases in which the proceedings may be interrupted

Pursuant to Rule 142(1), proceedings before the EPO are interrupted in one of the following events:[Rule 142(1); ]

(i)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 their behalf.

GL E VII 1 Interruption

1.1 Cases in which the proceedings may be interrupted

1.2 Responsible department

1.3 Date of interruption

1.4 Resumption of proceedings

1.5 Resumption of time limits

GL E VII – Interruption, stay and consolidation of the proceedings

1. Interruption

2. Stay of proceedings under Rule 14 due to pending national entitlement proceedings

3. Stay of proceedings when a referral to the Enlarged Board of Appeal is pending

4. Consolidation of proceedings

GL E VI 4 External complaints

External complaints can concern any service or product delivered by the EPO and can be submitted by any person, including parties to proceedings before the EPO (for enquiries as to the processing of files, see E‑VIII, 7).