Case law - intervention Flashcards
G4/91 Intervention in opposition proceedings
It is a prerequisite for intervention in opposition proceedings by an assumed infringer pursuant to Article 105 EPC that opposition proceedings are in existence at the point in time when a notice of intervention is filed.
A decision by an Opposition Division on the issues raised by the opposition is a final decision in the sense that thereafter the Opposition Division has no power to change its decision.
Proceedings before an Opposition Division are terminated upon issue of such a final decision,
regardless of when such decision takes legal effect.
In a case where, after issue of a final decision by an Opposition Division, no appeal is filed by a party to the proceedings before the Opposition Division, a notice of intervention filed during the two-month period for appeal provided by Article 108 EPC has no legal effect.
G12/91 Conclusion of written proceedings
The decision-making process following written proceedings is completed on the date the decision to be notified is handed over to the EPO postal service by the decision-making department’s formalities section.
G1/94 Scope of intervention during appeal proceedings
Intervention of the assumed infringer under Article 105 EPC is admissible during pending appeal proceedings and may be based on any ground for opposition under Article 100 EPC.
In light of G10/91, above, where an intervener introduces a fresh ground of opposition in appeal proceedings, the case should generally be remitted to the first instance Opposition Division.
G3/04 Status of intervener in appeal proceedings
An intervener who intervenes in an opposition when an appeal is pending only acquires the status of an opponent. Although an intervener is entitled to raise new grounds of opposition, all proceedings are terminated in respect of all substantive issues, including the new grounds for opposition raised by the intervener, if subsequently the sole, or each, appeal is withdrawn.
