| European Case Law Identifier: | ECLI:EP:BA:2004:T109102.20040723 | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Date of decision: | 23 July 2004 | ||||||||
| Case number: | T 1091/02 | ||||||||
| Decision of the Enlarged Board of Appeal: | G 0002/04 | ||||||||
| Application number: | 92305862.2 | ||||||||
| IPC class: | C12Q 1/68 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
|
||||||||
| Title of application: | Methods for detection of carcinoma metastases by nucleic acid amplification | ||||||||
| Applicant name: | F. HOFFMANN-LA ROCHE AG, et al | ||||||||
| Opponent name: | (1) Akzo Novel N.V. (2) Vysis Inc. |
||||||||
| Board: | 3.3.04 | ||||||||
| Headnote: | The following questions are referred to the Enlarged Board of Appeal: 1. (a) Can opponent status be freely transferred? (b) If question 1(a) is answered in the negative: Can a legal person who was a 100%-owned subsidiary of the opponent when the opposition was filed and who carries on the business to which the opposed patent relates acquire opponent status if all its shares are assigned by the opponent to another company and if the persons involved in the transaction agree to the transfer of the opposition? 2. If question 1(a) or (b) is answered in the affirmative: (a) Which formal requirements have to be fulfilled before the transfer of opponent status can be accepted? In particular, is it necessary to submit full documentary evidence proving the alleged facts? (b) Is an appeal filed by an alleged new opponent inadmissible if the above formal requirements are not complied with before expiry of the time limit for filing the notice of appeal? 3. If question 1(a) and (b) is answered in the negative: Is an appeal admissible if, although filed on behalf of a person not entitled to appeal, the notice of appeal contains an auxiliary request that the appeal be considered filed on behalf of a person entitled to appeal? |
||||||||
| Relevant legal provisions: | |||||||||
| Keywords: | Transfer of opponent status - substantive requirements - formal requirements - appeal filed by alleged transferee of opponent status - auxiliary request to consider appeal filed by original opponent - referral to Enlarged Board of Appeal | ||||||||
| Catchwords: |
- |
||||||||
| Cited decisions: | |||||||||
| Citing decisions: |
|
||||||||
Source: http://www.epo.org/law-practice/case-law-appeals/recent/t021091eu1.html
Date retrieved: 17 May 2021
49 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.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)