2.4. Entitlement to appeal
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  8. 2.4. Entitlement to appeal
  9. 2.4.1 Formal aspects under Article 107 EPC
  10. d) Company in receivership
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2.4.1 Formal aspects under Article 107 EPC

Overview

d) Company in receivership 

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

A company that has gone into receivership can no longer validly file an appeal; only the insolvency administrator can do so on its behalf. In T 693/05, the insolvency administrator had authorised the representative to file an appeal, which was held admissible. In T 1324/06, the authorised representative of a company which had previously been declared bankrupt filed an appeal on behalf of the company. Relying on R. 101(6) EPC 1973 and R. 152(8) EPC, under which the authorised representative shall be deemed to be authorised until the termination of his authorisation has been communicated to the EPO, the board held the appeal admissible, no such notification having been received from the insolvency administrator or representative.

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