SONN Patentanwälte – IP Attorneys

Decisions need to be reasoned

The requirement in R 111 (2) EPC of a decision being reasoned is not met if the decision merely contains statements that at best give rise to speculation about what the deciding body might have intended to express. Such a decision constitutes a substantial violation of the right to be heard and must therefore be annulled (EPO Board of Appeal, 20/10/2021, T 1713/20).

A decision open to appeal is not reasoned within the meaning of R 111 (2) EPC if it does not enable the Board of Appeal to review its correctness. A decision should therefore not rely on evidence accessible only at a web page which is not guaranteed to remain accessible and unchanged. Rather, it should be ensured that a person inspecting the file can reliably access the cited evidence. Such a decision constitutes a substantial procedural violation and must therefore be annulled (EPO Board of Appeal, 26/10/2021, T 3071/19, Searching data/BLACKBERRY).