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Guidelines for Examination

 
 

2. Stay of proceedings under Rule 14 due to pending national when entitlement proceedings are pending

If a third party providesproof to the EPO that he has opened proceedings against the applicant or proprietor for the purpose of seeking a judgment that he is entitled to the (grant of the) European patent, the EPO shall stay the proceedings unless the third party consents to the continuation of such proceedings. evidence that he has instituted proceedings against the applicant seeking a decision within the meaning of Art. 61(1), the proceedings for grant are stayed unless the third party communicates to the EPO in writing his consent to the continuation of proceedings. This consent is irrevocable. For further details see A‑IV, 2.2 to A‑IV, 2.5and sub-sections, and D‑VII, 4.1.

References

Rule 14(1)