Rule 298 – Accelerated proceedings before the European Patent Office

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The Court may of its own motion or at the request of a party request that opposition proceedings or limitation proceedings (including any subsequent appeal proceedings) before the European Patent Office be accelerated in accordance with the proceedings of the European Patent Office. The Court may stay its proceedings in accordance with Rule 295(a) pending the outcome of such request and any subsequent accelerated proceedings.

 

 

Case law

 

IPPT20260421, UPC CFI, LD Milan, Dainese v Alpinestars
No stay of proceedings in spite of accelerated appeal against decision of opposition division (R. 295(a) RoP, R. 298 RoP). Decision of Board of Appeal not expected before the end of 2026, no reasonable likelihood that the patent will be declared in valid given decision of opposition division; the objective of procedural efficiency; as requested by all the parties.