Facts
- Proprietor P receives an OD communication under Art. 101(1) EPC, dated 15 January 2024, inviting observations within 4 months.
- A third party T proves that entitlement proceedings were instituted → opposition proceedings are stayed as from 08 May 2024.
- Proceedings are later resumed as from 04 June 2025, after T loses.
Legal framework: stay in opposition and its effect on time limits
In opposition, when proceedings are stayed because entitlement proceedings are pending, Rule 78(1) EPC applies, and it provides that Rule 14(2)–(4) EPC apply mutatis mutandis.
The key provision is Rule 14(4) EPC (applied via Rule 78(1)):
- all periods (except renewal-fee periods) running at the date of the stay are interrupted;
- the non-elapsed time starts running again from the date proceedings are resumed; and
- the time still to run after resumption shall not be less than two months.
Step 1: “Normal” expiry without stay
A 4-month period from 15 January 2024 would normally expire on 15 May 2024 (month periods expire on the same day-number in the later month: Rule 131(4) EPC).
Step 2: What was left on the stay date (08 May 2024)?
From 08 May 2024 to the normal expiry 15 May 2024, only 7 days remained. So at the moment the stay took effect, the remaining time was less than two months.
Step 3: Apply Rule 14(4) minimum after resumption (04 June 2025)
On resumption as from 04 June 2025, the remaining time must be at least two months (Rule 14(4) EPC). Therefore the proprietor must have two months from 04 June 2025, so the time limit expires on: 04 August 2025.
Answers to the statements
a) False: the original expiry would have been 15 May 2024, not 15 May 2025, and it was interrupted anyway.
b) False: the minimum remainder rule prevents expiry as early as 11 June 2025.
c) True: expiry is 04 August 2025 (two months from resumption).
d) False: because (c) is true.
Exam Tip:
For “stay/interruption” problems:
- Compute the unstayed deadline normally (Rule 131(4)).
- Determine the remaining time on the stay date.
- On resumption, apply Rule 14(4): the remainder runs again, but never less than 2 months (and in opposition, reach it 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.