1. An opposition filed in common by two or more persons, which
otherwise meets the requirements of Article 99 EPC and Rules 1
and 55 EPC, is admissible on payment of only one opposition fee.
2. If the opposing party consists of a plurality of persons, an
appeal must be filed by the common representative under Rule 100
EPC. Where the appeal is filed by a non-entitled person, the
Board of Appeal shall consider it not to be duly signed and
consequently invite the common representative to sign it within
a given time limit. The non-entitled person who filed the appeal
shall be informed of this invitation. If the previous common
representative is no longer participating in the proceedings, a
new common representative shall be determined pursuant to Rule
100 EPC.
3. In order to safeguard the rights of the patent proprietor and
in the interests of procedural efficiency, it has to be clear
throughout the procedure who belongs to the group of common
opponents or common appellants. If either a common opponent or
appellant (including the common representative) intends to
withdraw from the proceedings, the EPO shall be notified
accordingly by the common representative or by a new common
representative determined under Rule 100(1) EPC in order for the
withdrawal to take effect.
