Rule 84 – Continuation of the opposition proceedings by the European Patent Office of its own motion - The European Patent Convention, Implementing Regulations – to the Convention on the Grant of European Patents, Part V – Implementing Regulations to Part V of the Convention, Chapter I – Opposition procedure
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If the European patent has been surrendered in all the designated Contracting States or has lapsed in all those States, the opposition proceedings may be continued at the request of the opponent filed within two months of a communication from the European Patent Office informing him of the surrender or lapse.
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 The same shall apply where the opposition is withdrawn.