3.6. Obligation to raise objections
Overview
3.6. Obligation to raise objections
Under R. 106 EPC, a petition under Art. 112a(2)(a) to (d) EPC is only admissible where an objection in respect of the procedural defect was raised during appeal proceedings and dismissed by the board, except where such objection could not be raised.
- R 6/22
Catchword:
In a situation such as the present case - where the board does not react in a recognisable and explicit manner to an intended objection under Rule 106 EPC - a diligent party should normally insist on a discernible response from the board. Failure to do so will leave the party with an indication that weighs against its case (Reasons 16).