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Intervention of the assumed infringer | Guidelines | ||||||
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(1) Any third party may, in accordance with the Implementing Regulations, intervene in opposition proceedings after the opposition period has expired, if the third party proves that | |||||||
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a) proceedings for infringement of the same patent have been instituted against him, or |
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b) following a request of the proprietor of the patent to cease alleged infringement, the third party has instituted proceedings for a ruling that he is not infringing the patent. |
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(2) An admissible intervention shall be treated as an opposition. | |||||||
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Amended by the Act revising the European Patent Convention of 29.11.2000. |
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Related provisions | Case Law | ||||||
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