Abstract
Interruption of proceedings (Rule 142 EPC) provides a safeguard for an applicant for (or proprietor of)a European patent, who is temporarily unable to act in proceedings before the European Patent Office as a result of financial or medical hardship.
Interruption allows the party to remedy any loss of rights which occurred during this period. Interruption of proceedings is declared ex officio by the EPO and, normally, retroactively from the first day of the legal incapacity. Recently, Rule 142 EPC has been amended to give the EPO also ex officio power to end the proceedings. The amended Rule as well as its advantages and disadvantages are discussed.
Interruption allows the party to remedy any loss of rights which occurred during this period. Interruption of proceedings is declared ex officio by the EPO and, normally, retroactively from the first day of the legal incapacity. Recently, Rule 142 EPC has been amended to give the EPO also ex officio power to end the proceedings. The amended Rule as well as its advantages and disadvantages are discussed.
| Original language | English |
|---|---|
| Pages (from-to) | 13-21 |
| Number of pages | 9 |
| Journal | EPI Information |
| Issue number | 3 |
| Publication status | Published - Aug 2020 |
JEL classifications
- o34 - Intellectual Property Rights