J 0900/85 (Interruption of proceedings) vom 01.03.1985

I. A case in which the Receiving Section has to decide whether the loss of a right has resulted from the EPC in accordance with Rule 69(2) EPC is not a case in which the Receiving Section "envisages refusing the European Patent Application" within the meaning of Article 116(2) EPC. Accordingly, the Receiving Section can refuse an applicant's request for oral proceedings in the case if it does not consider such proceedings expedient.

II. The legal incapacity of a professional representative of an applicant for or proprietor of a European patent for the purposes of Rule 90(1)(c) EPC (interruption of proceedings) concerns his incapacity to carry out professional work on behalf of a client. Since there is a unified European profession of representatives before the EPO, there has to be a uniform standard of judging such legal incapacity in order to avoid differences in the application of Rule 90(1)(c) EPC depending on the nationality or domicile of the representative.

III. A reasonable basis for decisions on the matter by the EPO is the test: was the representative concerned in a fit mental state to do the work required of him at the material time or did he lack the capacity to make rational decisions and to take necessary actions?

IV. Reliable medical opinion is necessary, as well as all available reliable information about the representative's conduct at the material time.

V. If several representatives are appointed but only one is named in the Request for Grant, in accordance with the instructions on EPO Form 1001.1, the subsequent legal incapacity of that representative will result in interruption of proceedings in accordance with Rule 90(1)(c) EPC unless at least one of the other representatives is aware, or in the circumstances should have been aware, of the incapacity of the named representative.