| European Case Law Identifier: | ECLI:EP:BA:2001:T000900.20011218 | ||||||||
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| Date of decision: | 18 December 2001 | ||||||||
| Case number: | T 0009/00 | ||||||||
| Application number: | 94906172.5 | ||||||||
| IPC class: | A61K 7/42 | ||||||||
| Language of proceedings: | DE | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | - | ||||||||
| Applicant name: | Beiersdorf Aktiengesellschaft | ||||||||
| Opponent name: | Henkel KGaA Cognis Deutschland GmbH |
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| Board: | 3.3.02 | ||||||||
| Headnote: | A (legal) person who files two different notices of opposition to the same granted patent acquires party status as opponent only once, even if both notices comply with the requirements of Article 99(1) and Rule 55 EPC (see Reasons 2(c)(cc)). If the later of these oppositions does not entail any change in the legal situation in the opposition proceedings compared to the earlier opposition, the later opposition is inadmissible for lack of a general legitimate interest. A general legitimate interest cannot be inferrred from the fact that the later opposition is assigned to a different part of a company to the earlier opposition and only that part of the company is being transferred to a third party. If, as in the present case, the subject of an opposition is assigned to two different parts of the opponent's company, the status of opponent can pass to a third party only if both parts or the entire company are transferred to it. |
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| Relevant legal provisions: | |||||||||
| Keywords: | Entitlement to appeal, double filing of opposition by same person, transfer of opponent status | ||||||||
| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t000009ep1.html
Date retrieved: 17 May 2021
22 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPO Guidelines - D Opposition and Limitation/Revocation Procedures
Offical Journal of the EPO
XOJ EPO SE 1/2021, p179 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2020)
XOJ EPO SE 1/2020, p174 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2019)
XOJ EPO SE 1/2019, p158 - XVI. - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2018)