Interruption and resumption of proceedings before the UPP Division are subject to the provisions of Rule 20(2)(i) UPR in conjunction with Rule 142 EPC , which apply mutatis mutandis pursuant to Rule 20(2)(i) UPR (see EPC Guidelines, E‑VII, 1.1 and 1.4). The UPP Division bears responsibility for the interruption and resumption of proceedings related to Unitary Patents.
In principle, the UPP Division interrupts proceedings pursuant to Rule 142 EPC ex officio. In the case of Rule 142(1)(a), last sentence, EPC, however, proceedings are interrupted on request of the authorised representative only. The UPP Division will assess each case on the basis of Rule 142 EPC and the established practice of the EPO with a view to protecting parties who are prevented by legal reasons from acting in proceedings against a loss of rights which would otherwise occur (decision J 16/05 of the Legal Board of Appeal).
Time limits in force on the date of interruption of the proceedings begin again, in their original length, as from the day on which the proceedings are resumed, with the exception of the time limits for paying renewal fees. The EPO's established practice under Rule 20(2)(i) UPR in conjunction with Rule 142(4) EPC applies mutatis mutandis pursuant to Rule 20(2)(i) UPR (see EPC Guidelines, E‑VII, 1.5).
An interruption is registered (in general retroactively) with legal effect from the date of the occurrence of the event. In cases where proceedings are interrupted on request, the interruption takes effect as from the date of receipt of the request by the UPP Division (see EPC Guidelines, E‑VII, 1.3 and 1.4).
The parties are informed of the interruption of proceedings and the reasons for it. The date of interruption as well as the date of resumption of proceedings are recorded in the Register for unitary patent protection UP Register (Rule 16(1)(u) UPR).