Rule 91

Interlocutory revision by the European Patent Office

Rules of Procedure

Part 1 – Procedures before the Court of First Instance

Chapter 1 – Written procedure

Section 6 – Action against decisions of the European Patent Office in carrying out the tasks referred to in article 9 of regulation (eu) no 1257/2012

Rule 91 – Interlocutory revision by the European Patent Office
  1. If the European Patent Office considers that the Application to annul or alter a decision of the Office is well founded, it shall within two months of the date of receipt of the Application:
    1. rectify the contested decision in accordance with the order or remedy sought by the claimant [Rule 88.2(g)]; and
    2. inform the Court that the decision has been rectified.
  2. Where the Court is informed by the European Patent Office that the contested decision has been rectified, it shall inform the claimant that the action is closed. It may order full or partial reimbursement of the fee for the action against a decision of the Office, in accordance with Part 6.

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Relation with Agreement:

Relation with Statute:

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

Rule 92 – Assignment to panel or to single judge, designation of judge-rapporteur