EPO Case law: Inadmissibility of anticipated assessment of evidence

Art 113(1) EPC: It is the opponent’s responsibility to present all facts relevant to an alleged prior use and to offer suitable evidence (pursuant to Art 117(1) EPC inter alia documents, objects of inspection and witnesses). If witnesses are only to confirm the facts previously submitted, the relevant facts are not brought into the proceedings … >> read more


EPO case law: Admissibility of Requests in Appeal Proceedings

According to Art 12 para 4 RPBA, the entire statement of grounds of appeal must be taken into account if and insofar as it relates to the case under appeal and is sufficiently substantiated. Under this provision, however, the Board is also authorised not to admit requests which could have already been submitted in the … >> read more


EPO case law: Legal Effect of Decisions of the Board of Appeal

Decisions of the BoA become legally binding as soon as issued (“res iudicata”); from this it follows that the rights of the parties and of the persons which are in a legal relationship with the parties with regard to a matter on which a court has made a legally binding decision have been finally determined. … >> read more


EPO case law: Postal Delivery: negativa non sunt probanda

Although the letters and communications to the party to the proceedings were available to the public by way of electronic file inspection, parties to the proceedings must be able to rely on the EPO complying with the relevant provisions of the EPC regarding postal delivery. At least in order to be heard legally, parties to … >> read more


EPO case law: If the opponent fails to respond, he acquiesces

For an opponent not to be adversely affected, the case law demands that the opponent has agreed to the maintenance of the patent in the corresponding version. As it follows from the context of the procedural provisions of the EPC, an opponent wishing to oppose the grant of a patent must state the grounds on … >> read more



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