J 0004/17 (Resumption of proceedings for grant) of 16.05.2018
- European Case Law Identifier
- ECLI:EP:BA:2018:J000417.20180516
- Date of decision
- 16 May 2018
- Case number
- J 0004/17
- Petition for review of
- -
- Application number
- 03781836.6
- IPC class
- A61K 38/11A61P 13/00
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Pharmaceutical compositions including low dosages of Desmopressin
- Applicant name
- Reprise Biopharmaceutics, LLC
- Opponent name
- Ferring B.V.
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 61(1)European Patent Convention R 14(1)European Patent Convention R 14(3)
- Keywords
- Stay of proceedings for grant
Resumption of proceedings for grant - Catchword
- Rule 14(3) EPC is silent on the reasons for setting a date for resumption of the proceedings for grant. It is thus to be concluded that the legislator let it to practice and jurisprudence to define the circumstances that justify setting a date for resumption on a discretionary basis.
Resumption of the proceedings is not limited to cases involving misuse or delaying tactics. The possibility that the EPO sets a date for resumption upon staying the proceedings for grant hints towards a broader construction.
However an applicant cannot justify its request for resumption based on the length of the entitlement proceedings where this duration has been significantly caused by the applicant's procedural conduct.
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The stay of the proceedings is maintained.