3.1. Application of Rule 142 EPC by the EPO of its own motion

The EPO must apply the provisions of R. 142 EPC (R. 90 EPC 1973) of its own motion (J ../87=J 902/87, OJ 1988, 323; J 23/88; T 315/87 of 14 February 1989; J 49/92; T 854/12; J 7/16). In appeal proceedings, the boards need not await a decision of the Legal Division (T 854/12). Such a decision finding that they have been interrupted, and to enter this in the register, has only declaratory effect and is not constitutive (T 854/12). The consequence of an interruption in the proceedings is that the time limits in force as regards the applicant or patentee at the date of interruption of the proceedings, shall begin again as from the day on which the proceedings were resumed (see R. 142(4) EPC). However, the time limit for making the request for examination and the time limit for paying renewal fees are only suspended (see in this chapter III.D.3.7. "Consequences of interruption of proceedings (R. 142(4) EPC)").

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