Under Art. 105 EPC, to intervene admissibly in opposition proceedings a party must show either that proceedings for infringement of the same patent have been instituted against him, or that 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. Under Art. 105(2) EPC, an admissible intervention shall be treated as an opposition.
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_iii_p.htm
Date retrieved: 17 May 2021