SONN Patentanwälte – IP Attorneys

Prohibition of reformatio in peius (“change for the worse”) not applicable in case of partiality of a division

The principle of the prohibition of reformatio in peius is not applicable where a case is to be remitted to a division in a new composition because of a suspicion of partiality (EPO Board of Appeal 1 April, 2022, T 727/19).