Rule 85

Rule 85 – Stages of the proceedings (ex parte proceedings)

1. Subject to paragraph 2, where an action is brought against a decision of the European Patent Office in carrying out the tasks referred to in Article 9 of Regulation (EU) No 1257/2012 (hereinafter “decision of the Office”), proceedings before the Court of First Instance shall consist of:
   1. a written procedure, which shall include a possibility for interlocutory review by the European Patent Office;
   2. an interim procedure, which may include an interim conference; and
   3. an oral procedure which, at the request of the claimant or at the instance of the Court, may include an oral hearing.
2. This Rule and Rules 88 (save as expressly provided for in Rule 97.2), 89 and 91 to 96 shall not apply to an expedited action against a decision of the Office pursuant to Rule 97.

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