European Patent Convention (EPC 1973)

Rule 60 Continuation of the opposition proceedings by the European Patent Office of its own motion

Art. 99, 101, 105

(1) If the European patent has been surrendered or has lapsed for all the designated States, the opposition proceedings may be continued at the request of the opponent filed within two months as from a notification by the European Patent Office of the surrender or lapse.

(2)91 In the event of the death or legal incapacity of an opponent, the opposition proceedings may be continued by the European Patent Office of its own motion, even without the participation of the heirs or legal representatives. The same shall apply when the opposition is withdrawn.

91 See decisions of the Enlarged Board of Appeal G 4/88, G 7/91, G 8/91, G 8/93, G 3/99 (Annex I).