EPO Case law: Expert evidence from former BoA members

Art 117 EPC: Expert evidence should assist the BoA in matters which lie outside the expertise of its members. An expert opinion of a former board member, which was submitted as expert evidence with regard to the application of Art 76(1) EPC to the facts at issue, cannot, however, add any evidential value to the party’s submissions. It would be inappropriate for the BoA to be swayed by the fact that a former member of the BoA, however eminent that person may be, prepared this opinion instead of concentrating solely on the legal reasoning contained in the argument – which could equally have been put forward by the representative of the party (EPO BoA 27 Febuary 2018, T 156/15, ELI LILLY).