GL A IV 2.4 Prosecution of the application by a third party

If any third parties wish to avail themselves of the possibility open to them under Art. 61(1)(a) (see A‑IV, 2.1(i)), they must declare their intention in writing to the EPO in due time. They then take the place of the erstwhile applicant.

GL A IV 2.3 Limitation of the option to withdraw the European patent application

As from the time when a third party proves to the EPO that they have initiated proceedings concerning entitlement (see A‑IV, 2.2) and up to the date on which the EPO resumes the proceedings for grant (see A‑IV, 2.2.5), neither the European patent application nor the designation of any contracting state may be withdrawn.[Rule 15; ]

GL A IV 2.2.5.2 Resumption regardless of the stage of entitlement proceedings

The Legal Division may also order the resumption of grant proceedings regardless of the stage reached in the proceedings against the applicant. In this case, it is at the discretion of the Legal Division to decide whether the proceedings are to be continued. This discretion is to be exercised with due regard to the interests of the parties.

GL A IV 2.2.5.1 Resumption after final decision in entitlement proceedings

Grant proceedings will be resumed where evidence is provided that a final decision within the meaning of Art. 61(1) has been taken, unless a new European patent application under Art. 61(1)(b) has been filed for all the designated contracting states.

GL A IV 2.2.5 Resumption of the proceedings for grant

The date of resumption of proceedings, as well as the legal basis for the resumption is to be communicated to the third party and the applicant.[Rule 14(3); ]

2.2.5.1 Resumption after final decision in entitlement proceedings

2.2.5.2 Resumption regardless of the stage of entitlement proceedings

GL A IV 2.2.4 Interruption of time limits

The time limits in force at the date of stay other than time limits for payment of renewal fees are interrupted by such stay. The time which has not yet elapsed begins to run as from the date on which proceedings are resumed. However, the time still to run after the resumption of the proceedings must not be less than two months. As far as renewal fees are concerned, they continue to fall due during the period of stay.

GL A IV 2.2.3 Legal nature and effects of the stay

The stay of proceedings is a preliminary procedural measure sui generis which is justified as a preventive measure to preserve the third party's possible rights to the patent in dispute and which takes immediate effect (J 28/94, J 15/06). In particular, the stay of the grant proceedings is ordered by a communication of the EPO without having heard the applicant.

GL A IV 2.2.2 Date of the stay of proceedings

A stay of proceedings under Rule 14(1) takes immediate effect as from the date the EPO is provided with satisfactory evidence that national proceedings have been instituted against the applicant seeking a decision within the meaning of Art. 61(1) (J 9/12).

The requirements for effectively initiating court proceedings are governed by national law (J 7/00).

GL A IV 2.2.1 Responsible department

Sole responsibility for procedures where the applicant is not entitled lies with the Legal Division of the EPO (see the Decision of the President of the EPO dated 21 November 2013, OJ EPO 2013, 600).[Art. 20; ]

GL A IV 2.2 Stay of proceedings for grant

If a third party provides proof to the EPO that they have opened proceedings against the applicant for the purpose of seeking a judgement that they are entitled to the grant of the European patent the EPO will stay the proceedings for grant unless the third party communicates to the EPO in writing their consent to the continuation of such proceedings.