CLR V B 3.12 Burden of proof

The petitioner bears the burden of proving its allegations (R 4/09). However, in R 15/11 the petition was allowed and the Enlarged Board stated that it is not for the party which alleges a breach of its right under Art. 113(1) EPC to prove that it has not been heard (negativa non sunt probanda). It would rather be the task of the boards to draft their own texts in a way that enables the reader, taking into account all documents on file, to conclude that the right to be heard was respected with regard to the grounds on which the decision is based.

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