P. Intervention

1.Admissibility of intervention

1.1.Any third party – independent legal entity

1.2.Relevant patent

1.3.National infringement proceedings

1.3.1Proceedings for infringement instituted by patent proprietor – Article 105(1)(a) EPC

1.3.2Request to cease alleged infringement and institution of proceedings for non-infringement – Article 105(1)(b) EPC

1.4.Proceedings pending before the EPO

1.4.1Intervention in opposition proceedings

1.4.2Intervention in appeal proceedings

1.5.Time limit for intervention

1.6.Fees

1.7.Substantiation requirement

2.Legal status of intervener

2.1.In opposition proceedings

2.2.In appeal proceedings

2.3.Intervener enters proceedings at stage they are at on the date of intervention

3.Legal status of documents filed with intervention during appeal proceedings

3.1.No discretion for the board to admit documents filed with intervention

3.2.No change of legal status of documents after withdrawal of intervention

4.Intervention shortly before oral proceedings

Under Art. 105 EPC, to intervene admissibly in opposition proceedings a party must show either that proceedings for infringement of the same patent have been instituted against him, or that following a request of the proprietor of the patent to cease alleged infringement, the third party has instituted proceedings for a ruling that he is not infringing the patent. Under Art. 105(2) EPC, an admissible intervention shall be treated as an opposition.