Amendment of the EPC Rule on interruption of proceedings puts an end to zombie applications

Cees Mulder, Joep Van kan

Research output: Contribution to journalArticleAcademicpeer-review


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.
Original languageEnglish
Pages (from-to)13-21
Number of pages9
JournalEPI Information
Issue number3
Publication statusPublished - Aug 2020

JEL classifications

  • o34 - Intellectual Property Rights

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