D 0001/80 (Appellant must have been adversely affected) of 04.05.1981
- European Case Law Identifier
- ECLI:EP:BA:1981:D000180.19810504
- Date of decision
- 4 May 1981
- Case number
- D 0001/80
- Petition for review of
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- Application number
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- IPC class
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- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
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- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
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- Opponent name
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- Board
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- Headnote
The appeal filed by a candidate, who failed the European Qualifying Examination for professional representatives before the European Patent Office but who was later entered on the list of professional representatives without examination, in accordance with Article 163, paragraphs 1 and 2, EPC, is inadmissible per se. Neither under the general principles of European patent law nor the provisions common to procedural law in the Contracting States can such a candidate challenge the result of the examination, as he cannot be considered to have suffered direct an personal adverse effects. Furthermore, the right to inspect the files is available only to a person in whose case it could help to change an adverse decision. It does not exist as an independent right per se.
- Relevant legal provisions
- European Patent Convention Art 163(1) 1973European Patent Convention Art 163(2) 1973Regulation on the European qualifying examination Art 21Regulation on the European qualifying examination Art 23
- Keywords
- For an appeal to be admissible the appellant must have been adversely effected
The right to inspect the answers together with the Examining Board's assessment does not exist as an independent right per se - Catchword
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- Citing cases
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ENTSCHEIDUNGSFORMEL
Aus diesen Gründen wird wie folgt entschieden:
Die Beschwerde wird als unzulässig verworfen.