1.3.13 Statement of grounds not received by respondent

In R 7/09 the petition was allowed, as the EPO was not able to establish delivery of the opponent's statement of grounds of appeal to the respondent (petitioner). The petitioner had therefore been unaware of the grounds on which the decision of the board of appeal revoking his patent was based and a fundamental violation of Art. 113(1) EPC had occurred. The parties were entitled to expect the EPO to comply with the relevant provisions of the EPC and, at least for the purposes of Art. 113(1) EPC, they and their representatives had no duty to monitor the proceedings themselves by regularly inspecting the electronic file.

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