J. Suspected partiality
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3. Admissibility

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3. Admissibility

You are viewing the 9th edition (2019) of this publication; for the 10th edition (2022) see here

According to Art. 24(3) EPC an objection on the ground of suspected partiality is not admissible if, while being aware of a reason for objection, the party has taken a procedural step. Nor may it be based on the nationality of members. Additionally, the boards have rejected objections as inadmissible because they were not reasoned or were a mere repetition of a previously rejected objection.

3.1. Competence of the board in its original composition
3.2. Obligation to raise the objection immediately
3.3. Objection must be reasoned and substantiated
3.4. Objection based on an obviously wrong understanding of the board's procedural obligations, the right to be heard and the principle of a fair trial
3.5. Repetition of a previous objection
3.6. Dual function as members of the Enlarged Board and another board of appeal
OJ Supplementary Publications
Case law 2021
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