16 December 2021

T 1302/16 - Art.17(2) RPBA

 Key points

  •  “The board issued a summons to oral proceedings to be held on 7 December 2021, followed by a communication pursuant to Article 17(2) RPBA 2020.” (link)
  • I'm unsure if this is the same communication as under Art. 15(1) RPBA 2020 (the fourth to sixth sentence) or if the reference to Art. 17(2) means that it is a different kind of communication.  
  • The communication seems to indicate that it triggered the time limit of Rule 103(3)(a).
  • As a comment, I think it is a bit unfortunate drafting choice that Art.15(1) RPBA 2020 discusses both the summons (first to third sentence) and the preliminary opinion (the fourth to sixth sentence).


T 1302/16 - 

https://www.epo.org/law-practice/case-law-appeals/recent/t161302eu1.html

decision text omitted.

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