Change in parties

Abstract

Rule 305 regulates a wilful change in parties (change in parties on the application of one of the parties). A change in parties ordered by law is regulated in Rules 310 (death or demise of a party), 311 (insolvency of a party), and 312 (transfer of the patent or patent application during proceedings). Where the requirements of these specific rules are fulfilled, there is no room for a wilful change in parties pursuant to Rule 305. The case of a wilful change in parties is, thus, a general provision designed for cases where a change in parties is not legally regulated but where it seems to be sensible but is not necessary in order to continue or end proceedings. The continuation of proceedings with one or more other parties can in certain cases even appear to be beneficial.