European Patent Office

T 1731/23 (Testing a wind farm controller using a simulated wind farm/SIEMENS GAMESA) of 16.01.2026

European Case Law Identifier
ECLI:EP:BA:2026:T173123.20260116
Date of decision
16 January 2026
Case number
T 1731/23
Online on
2 April 2026
Petition for review of
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Application number
13154803.4
IPC class
H02J 3/38
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
Simulation of an electrical power distribution network in a wind farm
Applicant name
Siemens Gamesa Renewable Energy A/S
Opponent name
GE Wind Energy GmbH
Board
3.5.01
Headnote
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Relevant legal provisions
European Patent Convention Art 56European Patent Convention Art 100(a)European Patent Convention Art 114(1)European Patent Convention R 116(1)European Patent Convention R 116(2)Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 012(6)
Keywords
Inventive step (no)
Late-filed request - admitted in first-instance proceedings (no)
Late-filed request - error in use of discretion at first instance (no)
Late-filed request - circumstances of appeal case justify admittance (no)
Catchword
There is no established principle that submissions filed before the date set under Rule 116 EPC are generally admissible, just as there is no principle saying that a submission filed after that date is automatically inadmissible.
It is rather established case law that the opposition division has a discretion (not) to admit amendments filed after the period specified in the communication under Rule 79(1) EPC (see the Case Law Book, 11th edition, IV-C 5.1.4.a) and b)).
(See point 12 of the reasons)
Cited cases
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Citing cases
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Order

For these reasons it is decided that:

The appeal is dismissed.