Appeal filed in name of representative 

An appeal filed in the name of the representative instead of the party adversely affected by the decision impugned was rejected as inadmissible in J 1/92.

In the absence of any clear indication to the contrary, a professional representative who was authorised to act for a party adversely affected by a decision and then filed an appeal against this decision had to be presumed to be acting on behalf of the very same party that he acted for in the first instance proceedings, and not on behalf of someone else not entitled to appeal (T 920/97). Although the notice of appeal did not indicate the name and address of the appellant as required by R. 64(a) EPC 1973, the appellant corrected the notice of appeal in time and the appeal was thus admissible. See also T 1911/09 and T 2244/14.

Quick Navigation