12 Feb 2017

T 1637/13 - Need to ask for more time

Key points

  • Decision from the stock.
  • If, a patent proprietor, needs more time during the first instance oral proceedings to address new objections, he need to ask for it. Otherwise, he can not later in appeal argue that there was a violation of the right to be heard.
T 1637/13 - link


Reasons for the Decision

2. (...) The further contention that the Patentee was not prepared to deal with the additional objection raised by the Opposition Division is unjustified and unfounded, for the Patentee was given time at least twice during oral proceedings (see minutes, points 3.1.4, 3.1.6) to prepare and formulate auxiliary requests I and II. If the Patentee considered that it was nevertheless not possible to adequately react to the objections, then it should either have asked for more time or for an adjournment of the oral proceedings. However it can be deduced neither from the impugned decision nor from the minutes that such requests were submitted. Hence it cannot be concluded that the Patentee's right to be heard was violated.

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