GL D VII 5.2 Continuation on the death or legal incapacity of the opponent

In the event of the death or legal incapacity of an opponent, the opposition proceedings may be continued by the opposition division of its own motion, even without the participation of the heirs or legal representatives, for example if the legal proceedings in connection with the will or the appointment of a new legal representative would inordinately prolong the opposition proceedings.

GL D VII 5.1 Continuation in the case of surrender or lapse of the patent

If the European patent has been surrendered or has lapsed for all the designated states, the opposition proceedings must be continued at the request of the opponent filed within two months after the date on which the opposition division informed the opponent of the surrender or lapse.

GL D VII 5 Continuation of the opposition proceedings in the cases covered by Rule 84

5.1 Continuation in the case of surrender or lapse of the patent

5.2 Continuation on the death or legal incapacity of the opponent

5.3 Continuation after the opposition has been withdrawn

GL D VII 4.4 Department responsible

The Legal Division is responsible for the procedure where the patent proprietor is not entitled (see the Decision of the President of the EPO dated 21 November 2013, OJ EPO 2013, 600).[Art. 20; ]

GL D VII 4.3 Interruption of time limits

The time limits in force at the date of stay are interrupted by the stay of proceedings.

GL D VII 4.2.2 Continuation regardless of the stage reached in national proceedings

When giving a decision on the stay of proceedings or thereafter, the Legal Division may set a date on which it intends to continue the proceedings, regardless of the stage reached in the national proceedings.[Rule 14(3); Rule 78(1); ]

Unlike the decision on staying the proceedings, it is at the discretion of the Legal Division to decide whether proceedings are to be resumed.

GL D VII 4.2.1 Continuation after a final decision

Proceedings are resumed when evidence is provided that a final decision within the meaning of Art. 61(1) has been taken. If the decision is in favour of the third party, the proceedings may not be resumed earlier than three months after the decision has become final, unless the third party requests resumption.[Rule 14(2); Rule 78(1); ]

GL D VII 4.2 Continuation of proceedings

The date of the continuation of the proceedings and the legal basis for their continuation are to be communicated to the parties to the opposition proceedings.

4.2.1 Continuation after a final decision

4.2.2 Continuation regardless of the stage reached in national proceedings

GL D VII 4.1.2 Legal character and effect of the stay of proceedings

Stay of proceedings is a preliminary procedural measure sui generis which takes immediate effect as a preventive measure to preserve the third party's possible rights (J 28/94; J 15/06).

The patent proprietor will not be heard but may file a request for an appealable decision on the stay of proceedings.

Stay of proceedings means that the legal status quo existing at the time of ordering is maintained, i.e. neither the EPO nor the parti

GL D VII 4.1.1 Date of the stay of proceedings

The proceedings are stayed on the date on which the EPO receives evidence that proceedings against the patent proprietor have been instituted. The requirements for valid institution of relevant proceedings are determined by national law (J 7/00).