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. e) Death of the appellant (opponent)
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2.4.1 Formal aspects under Article 107 EPC

Overview

e) Death of the appellant (opponent) 

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

In T 1213/13, the board noted that the appellant, the only party to the proceedings adversely affected by the appealed decision, had died. The deadline set in the board's communication aiming to establish if there were any heirs had passed and the communication gone unanswered. It had therefore not been possible to identify any heirs (or legal representatives). Since the status of opponent could pass to any heirs, where an opponent was an appellant too, the heirs could pursue the appeal. However, they had to make themselves known and prove their status as such. The board declared the proceedings closed for want of an appellant to pursue them (see also T 74/00).

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