BOARDS OF APPEAL
Information from the Enlarged Board of Appeal
Referrals by boards of appeal
By decision T 272/95 dated 15 April 1999, Technical Board of Appeal 3.3.4 has referred the following point of law to the Enlarged Board of Appeal under Article 112(1)(a) EPC:
(Language of the proceedings)
I. Is an opposition admissible which otherwise meets the requirements of Article 99 EPC and Rule 55 EPC if it is filed jointly by two or more persons and only one opposition fee is paid ?
II. If the answer to question 1 is in the affirmative and a common representative was named under Rule 100(1) EPC in the notice of opposition, is an appeal valid even if it is not filed by this person ?
III. If the answers to questions 1 and 2 are in the affirmative, which other requirements, if any, have to be met by a joint opposition or a joint appeal in order to safeguard the rights of the patent proprietor ?
The case is pending as G 3/99.