3.2.12 When to submit supporting evidence – specific examples

In T 7/07 the respondent (patent proprietor) disputed the admissibility of the appeal due to the question of the identification of the appellant (opponent) (R. 64(a) EPC 1973 / R. 99(1)(a) EPC). The board observed that the universal successor to the opponent automatically acquires party status in proceedings pending before the EPO on the date on which a merger becomes effective, irrespective of when supporting evidence is filed (see T 6/05).

In J 14/19, the board held that evidence that the requirements for a stay of the proceedings as per R. 14(1) EPC had been meet needed to be provided while the proceedings for grant were still pending and thus before the mention of the grant was published in the European Patent Bulletin. Any evidence not submitted by then should not be taken into account by the EPO.