Interruption of time limits during stay

Facts

• OD communication under Art. 101(1) EPC dated 15.01.2024, giving 4 months to file observations.
• Third party T proves entitlement proceedings → opposition proceedings stayed as from 08.05.2024.
• Later, proprietor is informed proceedings are resumed as from 04.06.2025 (T lost).

Legal framework: effect of a stay on time limits

In opposition, a stay under Rule 78(1) EPC applies Rule 14(2)–(4) EPC mutatis mutandis, meaning running time limits (other than renewal-fee time limits) are interrupted and restart on resumption, with a minimum remaining period of two months.

Rule 14(4) EPC (applied via Rule 78(1) EPC) is the key provision:

• all periods running at the date of the stay are interrupted;
• the unelapsed time starts running again from the date of resumption; but
• the time still to run after resumption shall not be less than two months.

Step 1 — What would the original deadline have been (no stay)?

From the communication date 15.01.2024, a 4-month period expires on 15.05.2024 (same day-number rule for months).

Step 2 — What was left when the stay began on 08.05.2024?

The time limit was still running on 08.05.2024, and only the final 7 days (from 08.05.2024 to 15.05.2024) remained—i.e. less than two months.

Step 3 — Apply the minimum remainder on resumption (04.06.2025)

On resumption, Rule 14(4) EPC requires that the remaining time be at least two months. Therefore, from 04.06.2025, the proprietor must have two months to respond.

So the interrupted time limit expires on: 04.06.2025 + 2 months = 04.08.2025.

Conclusions per statement

a) False — the original (unstayed) deadline would have been 15 May 2024, not 15 May 2025.

b) False — because the minimum remaining period is two months, not roughly one week after resumption.

c) True — correct expiry is 04 August 2025 (two months from 04 June 2025).

d) False — because (c) is true.

Exam Tip:

In any “stay/interruption” question:

1. Calculate the unstayed deadline normally (Rule 131(4)).
2. Determine how much time remained on the stay date.
3. On resumption, apply Rule 14(4): remaining time resumes, but never less than 2 months (and in opposition, reach Rule 14 via Rule 78(1)).

Legal Disclaimer

The information provided in this post is for general informational purposes only and does not constitute legal advice. This content should not be used as a substitute for professional legal advice tailored to your specific circumstances. For advice related to any specific legal matters, you should consult a qualified attorney.