PATENTS | The EPO’s Enlarged Board of Appeal to rule on interveners’ rights in appeals

On 11 November 2024, the Enlarged Board of Appeal of the European Patent Office (EPO) received a referral in case G 2/24, concerning the rights of third-party interveners in opposition appeal proceedings. The referral originates from case T 1286/23, where the Board of Appeal questioned the existing practice under which opposition appeal proceedings are terminated if all appellants withdraw their appeals, even when a third party has intervened in the appeal proceedings. The referring Board has requested clarification on whether a third-party intervener under Article 105 of the European Patent Convention (EPC) can acquire the status of appellant according to Article 107 EPC when all original appellants withdraw their appeals, with the consequent right of the intervener to continue the appeal proceedings. The forthcoming decision in G 2/24 may have far-reaching implications for third-party rights in opposition appeal proceedings at the EPO.

Newsletter n. 103 – January 2025