SONN Patentanwälte – IP Attorneys

1. Discretion of the opposition division in selecting the closest prior art

   It is not possible to determine in general terms how many starting points an opposition division must take into account when examining inventive step as the fictitious closest prior art in the "problem-solution approach". The answer to this question depends on circumstances...

2. 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...

3. 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...