T 0298/97 (Detergent compositions/UNILEVER) of 28.05.2001

1. If the Notice of Appeal is filed by an adversely affected party but the Grounds of Appeal are filed by a (natural or legal) person who, although having economic connections with that adversely affected party, is not itself that party, the appeal cannot be held admissible. (See reasons, points 3.2 and 3.3)

2. No provision having been made in the Implementing Regulations pursuant to Article 133(3) EPC, last sentence, the EPC does not currently allow the representation of one legal person by the employee of another economically related legal person. (See reasons, point 4)

3. Save in the limited situation of a transfer of the right to oppose a European patent (or to appeal or continue an opposition appeal) together with the related business assets of the opponent's business, a commercial interest in revocation of such patent is not a requirement for being an opponent. Nor is possession of such a commercial interest sufficient to allow a successor in business to take over and conduct opposition or opposition appeal proceedings in the absence of evidence of a transfer of the right to do so together with the related business assets of the opponent. (See reasons, point 12.2)

4. (a) In the absence of such evidence, the transfer of an opponent's business assets to two separate persons cannot give either of them the right to take over and conduct opposition or opposition appeal proceedings. (See reasons, point 7.6)

(b) When such evidence is present, only the transferee established by such evidence can acquire such a right. (See reasons, point 7.6)