Key points
- The opponent's representative feels adventurous and files a notice of appeal which states neither the name of the appellant, nor the address of the appellant, nor an express request.
- " Rule 99(1) EPC requires the notice of appeal to state the name and address of the appellant (Rule 99(1)(a) EPC) in addition to the decision under appeal (Rule 99(1)(b) EPC), and a request must be made specifying the subject-matter of the appeal (Rule 99(1)(c) EPC)."
- Is the appeal admissible?
- " Since the notice of appeal was drawn up by a professional representative who had already been involved in the opposition proceedings and had represented the opponent there, it was evident that the same professional representative had also lodged the appeal on behalf of the opponent WABCO Europe BVBA."
- The opponent had stated the address in the statement of grounds, and hence before any invitation of the Board to do so.
- " The subject-matter of the appeal is, in turn, obvious in the present case, despite the absence of an explicit request: After the opponent as appellant filed an appeal against the decision of the opposition division to uphold the patent, it must be assumed that with its appeal it seeks the revocation of the patent in suit. "
- The appeal is admissible.
EPO
The link to the decision is provided after the jump, as well as (an extract of) the text of the decision.
source http://justpatentlaw.blogspot.com/2023/01/t-146619-concise-notice-of-appeal.html
