SONN Patentanwälte – IP Attorneys

Pending requests must be decided on

The refusal of a Board of Appeal to decide on a pending request is a fundamental procedural defect within the meaning of Art 112a(2)(d) EPC. In such a case, the decision of the Board of Appeal is to be set aside and the case is to be remitted to the Board of Appeal (EPO-EBoA 22/11/2022, R 3/22).