T 0009/00 (Opposition/HENKEL) of 18.12.2001
- European Case Law Identifier
- ECLI:EP:BA:2001:T000900.20011218
- Date of decision
- 18 December 2001
- Case number
- T 0009/00
- Petition for review of
- -
- Application number
- 94906172.5
- IPC class
- A61K 7/42
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in German
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Wasserfeste kosmetische oder dermatologische Lichtschutzzubereitungen
- Applicant name
- Beiersdorf Aktiengesellschaft
- Opponent name
- (01) Henkel Kommanditgesellschaft auf Aktien
(02) L'OREAL
(03) Stada-Arzneimittel Aktiengesellschaft
(04) Cognis Deutschland GmbH vormals Henkel KGaA - Board
- 3.3.02
- Headnote
A (legal) person who files two different notices of opposition to the same granted patent acquires party status as opponent only once, even if both notices comply with the requirements of Article 99(1) and Rule 55 EPC (see Reasons 2(c)(cc)).
If the later of these oppositions does not entail any change in the legal situation in the opposition proceedings compared to the earlier opposition, the later opposition is inadmissible for lack of a general legitimate interest.
A general legitimate interest cannot be inferrred from the fact that the later opposition is assigned to a different part of a company to the earlier opposition and only that part of the company is being transferred to a third party.
If, as in the present case, the subject of an opposition is assigned to two different parts of the opponent's company, the status of opponent can pass to a third party only if both parts or the entire company are transferred to it.
- Relevant legal provisions
- European Patent Convention Art 106(1) 1973European Patent Convention Art 107 1973European Patent Convention Art 108 1973European Patent Convention Art 111(1) 1973European Patent Convention Art 113(1) 1973European Patent Convention Art 99(1) 1973European Patent Convention Art 99(4) 1973European Patent Convention R 55(1) 1973European Patent Convention R 56(1) 1973European Patent Convention R 56(3) 1973European Patent Convention R 64(b) 1973European Patent Convention R 67 1973European Patent Convention R 68(1) 1973European Patent Convention R 70(1) 1973European Patent Convention R 70(2) 1973
- Keywords
- Entitlement to appeal, double filing of opposition by same person, transfer of opponent status
- Catchword
- -
ORDER
For these reasons it is decided that:
1. The impugned decision is set aside.
2. The appeal of appellant 1 is deemed not to have been filed.
3. Opposition 4 filed by appellant 2 is rejected as inadmissible.
4. The request to transfer Henkel KGaA's opposition of 16 March 1999 to Cognis Deutschland GmbH is rejected.