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Guidelines for Examination

 
 
1.2
Resumption of proceedings 

When, in the cases referred to in E-VI, 1.1(i) and (ii), the EPO has been informed of the identity of the person authorised to continue the proceedings before the EPO, it will communicate to such person and to any interested third party that the proceedings are to be resumed as from a date to be fixed by the EPO. This date should be such that the person concerned has sufficient opportunity to become thoroughly familiar with the matter.

In the case referred to in E-VI, 1.1(iii), the proceedings will 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 will communicate to the applicant for or proprietor of the patent:

(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(mandatory appointment of a representative) is applicable, that the European patent application will be deemed to be withdrawn or the European patent will be revoked if the information is not submitted within two months after this communication is notified; or
(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.

A copy of the communication will be forwarded to the other parties.