T 0349/86 (Transfer of opposition) of 29.04.1988
- European Case Law Identifier
- ECLI:EP:BA:1988:T034986.19880429
- Date of decision
- 29 April 1988
- Case number
- T 0349/86
- Petition for review of
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- Application number
- 79200785.8
- IPC class
- -
- Language of proceedings
- French
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
- T 0349/86 1989-11-30T 0349/86 1990-05-29
- Abstracts for this decision
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- Application title
- Véhicule routier articulé
- Applicant name
- DELTA
- Opponent name
- MAN Nutzfahrzeuge GmbH
- Board
- 3.2.01
- Headnote
The Enlarged Board of Appeal is asked to decide whether an opposition instituted before the European Patent Office is transferable only to the opponent's heirs or whether it may be transferred freely either with the opponent's enterprise or with a part of that enterprise operating in a technical field in which the invention to which the patent in suit relates can be exploited.
- Relevant legal provisions
- European Patent Convention Art 112(1)(a) 1973European Patent Convention Art 99(4) 1973European Patent Convention R 60(2) 1973Rules of procedure of the Boards of Appeal Art 17
- Keywords
- Transfer of rights - status of party in opposition proceedings
Dissolution of opposing company
Legal person - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, pursuant to Article 112(1) EPC and Article 17 of the Rules of Procedure of the Boards of Appeal (OJ EPO 1983, 7 et seq.), the following point of law is referred to the Enlarged Board of Appeal for a decision:
Is an opposition instituted before the European Patent Office transferable only to the opponent's heirs or can it be transferred freely either with the opponent's enterprise or with apart of that enterprise operating in a technical field in which the invention to which the patent in suit relates can be exploited?