A.105 EPC Intervention of the assumed infringer

(1)
Any third party may, in accordance with the Implementing Regulations, intervene in opposition proceedings after the opposition period has expired, if the third party proves that  
(a)
proceedings for infringement of the same patent have been instituted against him, or 
(b)
following a request of the proprietor of the patent to cease alleged infringement, the third party has instituted proceedings for a ruling that he is not infringing the patent. 
(2)
An admissible intervention shall be treated as an opposition. 
 
[ Art. 99 R. 3 76 86 89 112 114 ]
Amended by the Act revising the European Patent Convention of 29.11.2000. 
See decisions of the Enlarged Board of Appeal G 4/91, G 1/94, G 2/04, G 3/04, G 1/05 (Annex I).

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EPC Articles

EPC Implementing Rules

EPC Rules relating to Fees

EPO Guidelines - D Opposition and Limitation/Revocation Procedures

Offical Journal of the EPO

Case Law Book: IV Divisional Applications

Case Law Book: VII Proceedings before the EPO

Case Law of the Enlarged Board

General Case Law