EPO: New referrals to the Enlarged Board of Appeal

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

EPO: New referrals to the Enlarged Board of Appeal

Two issues have arisen recently causing the Technical Boards of Appeal to refer questions to the Enlarged Board of Appeal (EBA).

At oral proceedings on February 7 in respect of case T 318/14, the competent Board of Appeal referred questions relating to double patenting to the EBA. More specifically, the EBA is to consider if a European patent application can be refused if it claims the same subject matter as a European patent granted to the same applicant where the granted patent does not form part of the state of the art. In the affirmative, the EBA is further asked what the conditions would be for such a refusal, and if different conditions would have to be applied where the application is (a) filed on the same date as the already granted patent, or (b) a divisional of the parent, or (c) claims priority from that application upon which the parent was granted. Finally, in the case of point (c) above, the EBA is asked to consider if an applicant has a legitimate interest in the grant of the subsequent European patent application in view of the fact that the term of the patent is calculated on the basis of the filing date and not the priority date.

Further, by decision T 831/17 of February 25, an Appeal Board referred questions relating to (1) the right for oral proceedings, (2) a third party's possible right to appeal, and (3) the venue of oral proceedings in appeal. In relation to the third issue, in particular the EBA is to consider if the president or the Administrative Council of the EPO had the powers to move the Boards of Appeals' premises to Munich suburb Haar in 2017. In late 2016 the chairmen of the Boards of Appeal of the EPO adopted a resolution objecting to the relocation of the Boards of Appeal to Haar. At that time the issue appeared to be of a purely political nature, but now the matter is clearly becoming a legal one.

frederiksen-jakob-pade.jpg

Jakob Pade Frederiksen


Inspicos P/SKogle Allé 2DK-2970 HoersholmCopenhagen, DenmarkTel: +45 7070 2422Fax: +45 7070 2423info@inspicos.comwww.inspicos.com

more from across site and SHARED ros bottom lb

More from across our site

IP attorneys share how the Cox v Sony ruling impacts their counselling strategies, and if the case could influence how courts may assess liability for AI platforms
Natasha Daughtrey shares how firms can help their women litigators take the lead on trials, and why she is seeing a convergence of tech and life sciences disputes
The LMG Life Sciences Awards is thrilled to present the shortlist for the 2024 EMEA Awards
Having agreed to a cost cap in the landmark Emotional Perception AI case, the government should do the right thing and pay at least the bare minimum
Ruth Hoy will join the firm's IP practice alongside Huw Cookson, who will also become a partner
IP boutique firm says its platform will help navigate ‘scattered’ decisions by bringing case law, commentary and research under one umbrella
The latest round of promotions has contributed to a 21% rise in partner headcount in the past two years, with business leaders eyeing litigation and the UPC
João Negrão, EUIPO executive director, is joined by a seasoned official to reflect on three decades of stories
Sim & San, which secured the $16m victory for their client, previously led Communications Components Antenna to a $26m damages win in 2024
IP litigator Ruth Hoy has led the London office since 2022
Gift this article