Resumption regardless of the stage of entitlement proceedings 

The Legal Division may also order the resumption of grant proceedings regardless of the stage reached in the proceedings against the applicant. In this case, it is at the discretion of the Legal Division to decide whether the proceedings are to be continued. This discretion is to be exercised with due regard to the interests of the parties. In particular, the outcome of the court proceedings in the first instance and the duration of the stay of proceedings before the EPO are to be taken into consideration, as well as an evident abuse of proceedings, e.g. in the form of delaying tactics.

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