EUROPEAN PATENT – APPEAL AGAINST APPOINTMENT AND FIXING OF COSTS

According to Rule 97 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR)

Each party to the opposition proceedings before the European Patent Office (EPO) shall bear the costs it has incurred, unless the Opposition Division, for reasons of equity, orders, in accordance with the Implementing Regulations, a different apportionment of costs.

The appoirtionment of costs of opposition proceedings cannot be the sole subject of an appeal.
A decision fixing the amount of costs of opposition proceedings cannot be appealed unless the amount exceeds that of the fee for appeal.

Prepared March 6th , 2024

by European Patent Registration and Consulting Services
provided by Lawyers Antevski – European patent law services
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