Friday, July 11, 2014 J 15/13 - A weapon for a competitor to delay grant?

This is an appeal by an applicant (Novozymes A/S) against  a decision of the Legal Division rejecting its request to resume the grant proceedings stayed pursuant to Rule 14(1) EPC. The grant proceedings were stayed at a late stage: only after the applicant filed (minor) amendments in response to a R.71(3) communication, a third party (Danisco US Inc) requested that the proceedings for grant be stayed pursuant to Article 61(1) EPC / Rule 14(1) EPC. The decision extensively discusses the requirements of Rule 14(1) (conditions for stay), Rule 14(3) (discretion of the EPO to set a date for resumption regardless of the stage reached in the national -entitlement- proceedings) and balancing all valid interest of the parties.