Opposition Procedure Before The European Patent Office - Apportionment of Costs

Apportionment of Costs

Each party to the opposition proceedings normally bears the costs it has incurred, unless the Opposition Division (or, in appeal proceedings, the Board of Appeal under Rule 100(1) EPC), for reasons of equity, orders a different apportionment of costs. For example, in case T 1306/05, a highly relevant document had been lately filed, without any valid justification, by the opponent during the oral proceedings before the Board of Appeal, thus rendering useless both the oral proceedings and the patent proprietor preparation thereto. A different apportionment of costs has been ordered by the Board of Appeal. The patent proprietor has requested about €26,000 to be paid by the opponent.

A decision on apportionment of costs forms part of the main decision, such as the main decision of the Opposition Division. The main decision however only deals with the obligation on the party or parties concerned to bear costs. The actual amounts to be paid by one party to another are dealt with in another decision, namely a decision on the award of costs. A decision on the award of costs is taken only after a decision apportioning the costs has been taken and if a request is submitted to that effect.