BOARDS OF APPEAL
Information from the Enlarged Board of Appeal
Referrals by boards of appeal
By decision T 1091/02 dated 23 July 2004, Technical Board of Appeal 3.3.4 has referred the following point of law to the Enlarged Board of Appeal under Article 112(1)(a) EPC:
(Language of the proceedings)
1. (a) Can opponent status be freely transferred?
(b) If question 1(a) is answered in the negative: Can a legal person who was a 100%-owned subsidiary of the opponent when the opposition was filed and who carries on the business to which the opposed patent relates acquire opponent status if all its shares are assigned by the opponent to another company and if the persons involved in the transaction agree to the transfer of the opposition?
2. If question 1(a) or (b) is answered in the affirmative:
(a) Which formal requirements have to be fulfilled before the transfer of opponent status can be accepted? In particular, is it necessary to submit full documentary evidence proving the alleged facts?
(b) Is an appeal filed by an alleged new opponent inadmissible if the above formal requirements are not complied with before expiry of the time limit for filing the notice of appeal?
3. If question 1(a) and (b) is answered in the negative: Is an appeal admissible if, although filed on behalf of a person not entitled to appeal, the notice of appeal contains an auxiliary request that the appeal be considered filed on behalf of a person entitled to appeal?
The case is pending as G 2/04.