G 0001/12 30-04-2014
Admissibility of the appeal
Identity of the appellant
Notice of appeal filed in name of person not entitled to appeal - Error alleged in identity
Deficiency under Rule 101(2) and 99(1)(a) EPC
Correction of an error under Rule 139, first sentence EPC
The questions referred to the Enlarged Board of Appeal are answered as follows:
The answer to reformulated question (1) - namely whether when a notice of appeal, in compliance with Rule 99(1)(a) EPC, contains the name and the address of the appellant as provided in Rule 41(2)(c) EPC and it is alleged that the identification is wrong due to an error, the true intention having been to file on behalf of the legal person which should have filed the appeal, is it possible to correct this error under Rule 101(2) EPC by a request for substitution by the name of the true appellant - is yes, provided the requirements of Rule 101(1) EPC have been met.
Proceedings before the EPO are conducted in accordance with the principle of free evaluation of evidence. This also applies to the problems under consideration in the present referral.
In cases of an error in the appellant's name, the general procedure for correcting errors under Rule 139, first sentence, EPC is available under the conditions established by the case law of the boards of appeal.
Given the answers to questions (1) and (3), there is no need to answer question (4).
For these reasons it is decided that: