CLR III N 2.5 Reasons for observations

R. 114(1) EPC requires, among other things, that third-party observations state the grounds on which they are based.

In T 189/92 the board held that it was the responsibility of the third party to ensure that the facts and evidence filed were not only unequivocally clear but also as complete as possible, so that they could be handled directly by the investigating instance without doubt and without further inquiry.

CLR III N 2.4 Anonymously filed observations

As stated in the EPO notice dated 5 July 2017 concerning the filing and processing of third-party observations (OJ 2017, A86), third-party observations may be filed anonymously.

CLR III N 2.3 Pending proceedings

The provision of Art. 115(1), second sentence, EPC that a third party shall not be "a party to proceedings before the European Patent Office" assumed that proceedings were pending before the EPO.

CLR III N 2.2 When can third-party observations be filed?

CLR III N 2.1 Language of the documents

CLR III N 2 Formal requirements

2.1. Language of the documents

2.2. When can third-party observations be filed?

2.3. Pending proceedings

2.4. Anonymously filed observations

CLR III N 1 Introduction

CLR III N Observations by third parties

1.

Introduction

CLR III M 3.2 ‍‍Rule 14(3) EPC

CLR III M 3.1.2 Opening of proceedings before a national court

According to T 146/82 date: 1985-05-29 (OJ 1985, 267), suspension had to be ordered if satisfactory proof of the opening of relevant proceedings before a national court was given to the EPO by a third party, provided that the European patent application had not been withdrawn or was not deemed to have been withdrawn.