Opposition Status Q&A

22 January 2013

published in the EPI Journal

Some questions concerning opponent status find no answers in the EPC. To arrive at answers Boards of Appeal have filled perceived gaps in the law. Evidently this has not been easy. Over time the Enlarged Board of Appeal has reversed two of its answers to questions concerning who may be an opponent. Could other answers be revised or even reversed in future? Could the present position regarding transfer of opponent status be a flawed compromise? How can problems relating to transfer of opponent status be averted?

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