1.4
Resumption of proceedings 

When, in the cases referred to in Rule 142(1)(a) or (b), the EPO has been informed of the identity of the person authorised to continue the proceedings before the EPO, it notifies that person and, where applicable, any third party, that the proceedings will be resumed as from a specified date. The date is set in such a manner as to allow this person to familiarise himself with the matter.

If, three years after the publication of the date of interruption in the European Patent Bulletin, the EPO has not been informed of the identity of the person authorised to continue the proceedings, it may set a date on which it intends to resume the proceedings of its own motion.

This date may be postponed upon reasoned request and submission of relevant documentary evidence in the case of a claim of succession in title in respect of the European patent application/European patent concerned.

As a consequence of the ex officio resumption, the proceedings will continue with the applicant/proprietor registered in the European Patent Register, and procedural actions may become necessary and/or fees due (see also the Notice from the EPO dated 29 May 2020, OJ EPO 2020, A76).

Communications and decisions of the EPO which have been notified during the interruption period are to be regarded as null and void and will be notified anew after resumption of proceedings by the responsible department.

In the case referred to in Rule 142(1)(c), the proceedings will be resumed when the EPO has been informed of the appointment of a new representative of the applicant or when the EPO has notified to the other parties the communication of the appointment of a new representative of the proprietor of the patent. If, the EPO has not been informed of the appointment of a new representative within a period of three months after the beginning of the interruption of the proceedings, it communicates to the applicant for or proprietor of the patent:

(i)
where Art. 133(2) (mandatory appointment of a representative) is applicable, that the European patent application will be deemed to be withdrawn or the European patent will be revoked if the information is not submitted within two months after this communication is notified; or
(ii)
where Art. 133(2) is not applicable, that the proceedings will be resumed with the applicant for or proprietor of the patent as from the date on which this communication is notified.

A copy of the communication will be forwarded to the other parties.

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