Proceedings Before the European Patent Office
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Proceedings Before the European Patent Office

A Practical Guide to Success in Opposition and Appeal

Marcus O. Müller and Cees A.M. Mulder

Experienced practitioners will find that the detailed case law citation adds depth to their knowledge. The practical advice and the illustrations from case law provide patent lawyers and patent attorneys with invaluable guidance on specific procedural and substantive questions, as well as on how to act properly in opposition and appeal proceedings. Proceedings Before the European Patent Office: A Practical Guide to Success in Opposition and Appeal is an indispensable tool in the armoury of all patent practitioners.
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Chapter 6: Further issues

Marcus O. Müller and Cees A.M. Mulder

Extract

Normally, each party bears the costs they have incurred. However, according to Article 104(1) and (2) EPC, the opposition division can order a different apportionment of costs and, on request, can fix the amount of costs. The decision on the apportionment of costs defines the type of costs to be paid by the other party while the decision fixing the amount of costs defines the actual amount. The decision on the apportionment of costs can be appealed, provided the apportionment of costs is not the sole subject of the appeal. Also, the decision fixing the amount of costs can be appealed provided the amount exceeds that of the fee for appeal. However, if no request for apportionment of costs has been made in first instance proceedings and no decision was taken on this issue, the apportionment of costs during first instance proceedings cannot be an issue in the grounds of appeal and the board cannot decide on any such issue (T 1059/98).

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