T 2357/12 (Universal succession) vom 28.11.2013

Admissibility of opposition - transfer of opponent status (yes) - prerequisites and effects of universal succession
Evidence - evaluation of evidence - probative force of private documents in inter partes proceedings
Referral to the Enlarged Board of Appeal - (no)

1."Universal succession" as an exception to Rule 22(3) EPC is a concept of procedural law under the European Patent Convention and is to be construed autonomously by the EPO, independent from national law [cf. reasons 7, 10 to 12].
2. Under the case law of the Boards of Appeal, the main considerations for acknowledging that a universal succession has taken place are legal certainty as to the person of the successor and the need to avoid a legal vacuum [reasons 8, 9].
3. Under that case law, the transfer of all assets of an enterprise, immediately followed by its dissolution as a legal entity, may constitute a universal succession [reasons 13 to 15].