4.3 Interruption of time limits 

The time limits in force at the date of stay are interrupted by the stay of proceedings. The time which has not yet elapsed begins to run from the date on which proceedings are resumed; however, the time still to run after the resumption of the proceedings must not be less than two months.

Example

A communication under Rule 82(2) maintaining the patent in amended form is dispatched by the EPO on 7 November 2023. Under Rule 126(2) and Rule 131(2), this communication is deemed delivered on the date it bears, i.e. on 7 November 2023 (OJ EPO 2023, A29). The three-month period to file the translation of any amended claim starts running on the day following delivery of the communication, i.e. on 8 November 2023, and it ends on 7 February 2024.

If the Legal Division stays proceedings on 30 November 2023 under Rule 78(1), the three-month period will already have been running for 22 days, i.e. from 8 November 2023 to 29 November 2023, before the date of stay, leaving eight days and two months of the original three-month period remaining. Since the remaining period exceeds two months, it will start to run again after the proceedings are resumed in accordance with Rules 78(1) and Rule 14(4).

Hence, if the Legal Division resumes the proceedings on 23 February 2024, the period for filing the translation of the claims will run until 2 May 2024 for the following reasons:

(i)The day the Legal Division resumes the proceedings (23 February 2024) is the first day on which the remaining period starts running again (Rule 131(2) does not apply).

(ii)The remaining days are added first and then the remaining months: in the example, eight days from and including 23 February 2024 results in 1 March 2024, and the addition of another two months results in the remaining period expiring on 1 May 2024. 

(iii)Since Rule 134(1) applies also to the remaining period and since on the 1 May 2024 no mail is delivered in Munich and Berlin (public holiday), the time limit is extended until 2 May 2024.