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Case Law of the Boards of Appeal

 
 
6.2. Continuation of the opposition proceedings (Rule 84(1) EPC)

If a European patent has lapsed or been surrendered in all the designated states, the opposition proceedings may, under R. 84(1) EPC (R. 60(1) EPC 1973), be continued at the request of the opponent, provided the request is filed within two months of a communication from the EPO informing the opponent of the surrender or lapse. The rule establishes no legal obligation on the EPO to ascertain of its own motion the legal status of a European patent and does not apply in the event of an alleged surrender or lapse of a European patent, unless confirmation thereof has been received by the EPO from the appropriate authorities of all the designated contracting states (T 194/88, T 809/96, T 201/04).

The boards of appeal have applied R. 84(1) EPC in opposition appeal proceedings. Below are references to cases where opposition appeal proceedings have been terminated or continued pursuant to R. 84(1) EPC.