2.1 Technically qualified members examiners

An opposition division consists of three technically qualified members examiners, at least two of whom must not have taken part in the proceedings for grant of the patent to which the opposition relates.

Participation in the proceedings for grant of the patent to which the opposition relates includes, in particular, performing a procedural act such as issuing a communication or signing a summons to oral proceedings. However, participation in the proceedings of a patent family member, e.g. a parent or priority application of the opposed patent, is not considered as participation in the proceedings for grant of the patent to which the opposition relates for the purposes of Art. 19(2).