| European Case Law Identifier: | ECLI:EP:BA:1990:T032687.19900828 | ||||||||
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| Date of decision: | 28 August 1990 | ||||||||
| Case number: | T 0326/87 | ||||||||
| Application number: | 81305448.3 | ||||||||
| IPC class: | C08L 77/00 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | - | ||||||||
| Applicant name: | Du Pont | ||||||||
| Opponent name: | BASF BAYER |
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| Board: | 3.3.03 | ||||||||
| Headnote: | 1. The public's as well as the parties' interests require that opposition proceedings should be speedily concluded. This requirement clearly extends to appeal proceedings as well. Article 88(1) and Rules 55(c) EPC read in the light of Rule 66 EPC, seeks to ensure this by requiring the full presentation in the Notice of Opposition of the case that a patentee needs to meet in order to keep his patent in force (see paragpraph 2.1.1 of the Reasons for the Decision. 2.Matter, e.g. facts and evidence, submitted for the first time in appeal proceedings may be disregarded by the Boards of Appeal as a matter of discretion and pursuant to Article 114(2) EPC, which sets the legal limit upon the inquisitorial duties of the Board under Article 114(1) EPC (see paragraph 2.1.2 of the Reasons for the Decision). 3. If the evidential weight of late filed documents in relation to those already in the case ("their relevance") warrants their admission into the proceedings, the case should normally be remitted to the first instance (Article 111(1) EPC), particularly if the late filed material puts the maintenance of the patent at risk (see paragraph 2.2 of the Reasons for the Decision). 4. In such a case, costs between the parties should be apportioned under Article 104 and Rule 63(1) EPC, in such a way that the late filing party should normally bear all the additional costs caused by his tardiness (see paragraph 2.3 of the Reasons for the Decision). 5. Costs should only be shared between the parties if there exist strong mitigating circumstances for the late filing of facts, evidence or other matter (see final sentence paragraph 2.3 and paragraph 5 of the Reasons for the Decision). |
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| Relevant legal provisions: | |||||||||
| Keywords: | General principles for Opposition Procedure in the EPO Late-filed document admitted Remittal to Opposition Division in exercise of discrection/Art.111(1) Apportionment of costs: mitigating circumstances - former GDR document |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t870326ex1.html
Date retrieved: 17 May 2021
38 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)