Saturday, October 17, 2015 J 2/14 Stay of proceedings – Fighting about beer dispensers

In two related cases a third party had requested suspension of proceeding under Art.61(1) [after entitlement proceedings had been started in Belgium]. Three years later the Belgian proceedings had not progressed. The Legal Division refused applicant’s request for resumption of the proceedings, which was already requested at the start of the suspension. The Board of Appeal summarizes that proceedings may be resumed at any moment. In this case the Board concludes that the third party had lost interest in the Belgian court proceedings and decided to resume grant proceedings before the EPO.