Art. 24 EPC provides for two procedural alternatives. First, under paragraph 2, the member concerned may inform the board of a reason for exclusion. Second, under paragraph 3, a party may raise an objection if it has reason to do so. Art. 3(1) RPBA 2007 and Art. 4(1) RPEBA additionally provide that the procedure under Art. 24(4) EPC EPC is to be applied if a board has knowledge of a possible reason for exclusion or objection which does not originate from a member himself or from any party to the proceedings.
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_iii_j_2.htm
Date retrieved: 17 May 2021