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:

(a) rectify the contested decision in accordance with the order or remedy sought by the claimant [Rule 88.2(g)]; and

(b) 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.

Case Law

IPPT20241024, UPC CFI, CD Paris, Qualcomm
No reimbursement of court fees following interlocutory rectification by EPO of contested decision after Court order that there was no reason for full or partial reimbursement of the fee for the action (R. 370 RoP, R. 91 RoP, R. 333 RoP, R. 220 RoP). Even if it is foreseen by R. 370.11 RoP that an application may also be filed at a later stage, it remains in the present case that the Court of First Instance cannot review its previous order on the same subject-matter and decide in a different way, considering – should it be a case management order – that the decision was taken by a single judge (without possible panel review) and the Order can be appealed.

IPPT20240913, UPC CFI, CD Paris, Qualcomm
Action closed after rectification by the EPO of contested decision in accordance with request (Rule 88 and 91 RoP). The submission of the Claimant doesn’t mention any particular circumstances justifying a decision of reimbursement.