EPO-BoA: Missing signature leads to nullity of the decision

The signature requirement under Rule 113(1) EPC applies to the written decision including its reasoning. The purpose of this requirement is only fulfilled if there is an unbroken chain of clear personal responsibility assumed by each member of the deciding body, to whom the case is assigned, throughout the entire decision-making process. The absence of the signature of one member of the deciding body on the contested decision constitutes a fundamental procedural defect that results in the nullity of the decision. This defect cannot subsequently be remedied by the signature of another person (EPO Board of Appeal, 5 April 2024, T 0572/19, “Noise attenuation trim part / Autoneum Management AG”).