4.1.6 Proceedings before a national court

In T 392/97 the board ruled that the subsequent appointment of oral proceedings by a national patent court to take place on the same date as the previously appointed oral proceedings before the board was not in itself a sufficient reason for adjournment. A request to postpone an appointed and agreed date could only be allowed in the case of "unforeseen and exceptional" circumstances. "Exceptional" could be construed as meaning those circumstances which either made it impossible for the oral proceedings to take place or might have a material bearing on the course and outcome of the proceedings.

In T 228/09 the board considered, having regard to Art. 2.2 of the 2007 Notice, that unforeseen infringement proceedings could not generally be regarded as an acceptable ground for adjournment.

Quick Navigation