Guidelines for Examination
PART D
CHAPTER I GENERAL REMARKS
4. Entitlement to oppose
 

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PART D
CHAPTER I GENERAL REMARKSCHAPTER I GENERAL REMARKS
  3. Territorial effect of the opposition3. Territorial effect of the opposition     5. Intervention of the assumed infringer5. Intervention of the assumed infringer  
 

4.

Entitlement to oppose

 

"Any person" may give notice of opposition without specifying any particular interest. "Any person" is to be construed in line with Art. 58 as meaning any natural person (private individual, self-employed persons, etc.), any legal person or any body assimilated to a legal person under the law governing it. "Any person" does not include the proprietor of the patent (as was decided in G 9/93 (OJ 12/1994, 891), reversing G 1/84 (OJ 10/1985, 299)).

 

Art. 99(1)



Notice of opposition may also be filed jointly by more than one of the persons mentioned above. In order to safeguard the rights of the patent proprietor and in the interests of procedural efficiency, it has to be clear throughout the procedure who belongs to the group of common opponents. If a common opponent (including the common representative) intends to withdraw from the proceedings, the EPO must be notified accordingly by the common representative or by a new common representative determined under Rule 100(1) in order for the withdrawal to take effect (see also G 3/99, OJ 7/2002, 347).

 

Oppositions are not assignable but may be inherited or succeeded to as part of an overall succession in law, e.g. in the event of the merger of legal persons. Acquiring companies may also take over oppositions filed by acquired companies.