CHAPTER VII INTERRUPTION OF THE PROCEEDINGS
1. Cases in which the proceedings may be interrupted
»»Rule 90(1)
Proceedings before the EPO shall be interrupted:
(i) in the event of the death or legal incapacity of the applicant for or proprietor of a European patent or of the person authorized by national law to act on his behalf. To the extent that the above events do not affect the authorization of a representative appointed under Art. 134, proceedings shall be interrupted only on application by such representative;
»»Rule 90(1)(a)
(ii) in the event of the applicant for or proprietor of a European patent, as a result of some action taken against his property, being prevented by legal reasons from continuing the proceedings before the EPO;
»»Rule 90(1)(b)
(iii) in the event of the death or legal incapacity of the representative of an applicant for or proprietor of a European patent or of his being prevented for legal reasons resulting from action taken against his property from continuing the proceedings before the EPO.
»»Rule 90(1)(c)
The parties will be informed of the interruption of the proceedings and the reasons therefor.
2. Resumption of proceedings
When, in the cases referred to in VII, 1(i) and (ii), the EPO has been informed of the identity of the person authorized to continue the proceedings before the EPO, the EPO shall communicate to such person and to any interested third party that the proceedings shall be resumed as from a date to be fixed by the EPO. The time at which the date is set should be such that the person concerned has sufficient opportunity to become thoroughly familiar with the matter.
»»Rule 90(2)
In the case referred to in VII, 1(iii), the proceedings shall be resumed when the EPO has been informed of the appointment of a new representative of the applicant or when the EPO has notified to the other parties the communication of the appointment of a new representative of the proprietor of the patent. If, three months after the beginning of the interruption of the proceedings, the EPO has not been informed of the appointment of a new representative it shall communicate to the applicant for or proprietor of the patent:
»»Rule 90(3)
(i) where Art. 133(2) (mandatory appointment of a representative), is applicable, that the European patent application will be deemed to be withdrawn or the European patent will be revoked if the information is not submitted within two months after this communication is notified, or
»»Rule 90(3)(a)
(ii) where Art. 133(2) is not applicable, that the proceedings will be resumed with the applicant for or proprietor of the patent as from the date on which this communication is notified.
»»Rule 90(3)(b)
A copy of the communication will be forwarded to the other parties.
2.1 Resumption of time limits
»»Rule 90(4)
"The time limits, other than the time limit for making a request for examination and the time limit for paying the renewal fees, in force as regards the applicant for or proprietor of the patent at the date of interruption of the proceedings, shall begin again as from the day on which the proceedings are resumed. If such date is less than two months before the end of the period within which the request for examination must be filed, such a request may be filed up to the end of two months after such date."
3. Department responsible
The Legal Division is responsible for questions concerning the interruption or resumption of proceedings (see Information from the EPO, OJ 9/1990, 404).
»»Art. 20
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