T 2552/11 - Accompanying person

T 2552/11

For the decision, click here ("online on"  date 23.07.2015

Key points

• The request for allowing an accompanying person to speak should specify the subject-matter on which the person will speak. The present Board applies this requirement strictly.

Reasons for the Decision

1. The appeal is admissible.

2. Oral submissions by the accompanying person

2.1 The appellant announced in its letter dated 18 March 2015 that "Dr. Christoph Jeworrek will give a statement in court as an expert for chemistry. He will refer to the prior art documents cited by the opponent".

The appellant did not provide any evidence indicating that Mr. Jeworrek met the requirements of Article 133 EPC to represent the appellant, nor could his name be found in the list of professional representatives before the EPO.

During the oral proceedings of 14 April 2015 the respondent requested that Mr. Jeworrek not be heard. It emphasised that the appellant had not specified on what subject Mr. Jeworrek was supposed to speak.

2.2 According to decision G 04/95 (OJ EPO 1996, 412), oral submissions by an accompanying person are not a matter of right, but are subject to the permission and discretion of the EPO (see point (3)(a) of the order).

The criteria to be considered by the EPO when exercising this discretion are specified in this decision as follows (see point (3) of the order):

"(i) The professional representative should request permission for such oral submissions to be made. The request should state the name and qualifications of the accompanying person, and should specify the subject-matter of the proposed oral submissions.

(ii) The request should be made sufficiently in advance of the oral proceedings so that all opposing parties are able properly to prepare themselves in relation to the proposed oral submissions.

(iii) ... ."

The statement that Mr. Jeworrek would "refer to the prior art documents cited by the opponent" is very general.

Therefore, the information provided by the appellant about the subject-matter of Mr. Jeworrek's proposed oral submissions was not sufficient to enable the respondent to prepare itself properly.

For these reasons, the board exercised the discretion referred to in G 04/95 by not permitting oral submissions from Mr. Jeworrek.