1.4 Resumption of proceedings 

When, in the cases referred to in Rule 142(1)(a) or Rule 142(1)(b), the EPO has been informed of the identity of the person authorised to continue the proceedings before the EPO, it notifies that person and, where applicable, any third party, that the proceedings will be resumed as from a specified date. The date is set so as to allow this person to become familiar with the matter.

If, three years after the publication of the date of interruption in the European Patent Bulletin, the EPO has not been informed of the identity of the person authorised to continue the proceedings, it may set a date on which it intends to resume the proceedings of its own motion.

This date may be postponed on reasoned request and submission of relevant documentary evidence in the case of a claim of succession in title in respect of the European patent application/European patent concerned.

As a consequence of the ex officio resumption, the proceedings will continue with the applicant/proprietor registered in the European Patent Register, and procedural actions may become necessary and/or fees due (see also the notice from the EPO dated 29 May 2020, OJ EPO 2020, A76).

Communications and decisions of the EPO which have been notified during the interruption period are to be regarded as null and void and will be notified again after the department responsible has resumed the proceedings.

In the case referred to in Rule 142(1)(c), 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 informed the other parties of the appointment of a new representative of the proprietor of the patent. If the EPO has not been informed of the appointment of a new representative within a period of three months after the beginning of the interruption of the proceedings, it informs the applicant for or proprietor of the patent in a communication:

(i)where Art. 133(2) (mandatory appointment of a representative) applies, that the European patent application will be deemed to be withdrawn or the European patent will be revoked if the information is not submitted within two months after the communication is notified; or

(ii)where Art. 133(2) does not apply, that the proceedings will be resumed with the applicant for or proprietor of the patent as from the date on which the communication is notified.

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