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.