T 0382/25 (Release rate of an inhalation device/JT INTERNATIONAL) of 13.05.2026
- European Case Law Identifier
- ECLI:EP:BA:2026:T038225.20260513
- Date of decision
- 13 May 2026
- Case number
- T 0382/25
- Online on
- 30 July 2026
- Petition for review of
- -
- Application number
- 15171948.1
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Inhalation device including substance usage controls
- Applicant name
- JT International SA
- Opponent name
- Lippert Stachow Patentanwälte Rechtsanwälte
Nicoventures Trading Limited
Philip Morris Products S.A. - Board
- 3.5.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 112(1)(a)European Patent Convention Art 123(2)Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 12(6)
- Keywords
- Stay of proceedings due to pending referral case G 1/26 - (no)
Referral of questions to the Enlarged Board - (no): decisive issues as to added matter can be resolved on the basis of established case law
Added subject-matter - main request and auxiliary requests 1, 1.0, 1A to 1C, 2, 3, 3A, 3B and 4 to 10 (yes): application of G 1/24 cannot heal present added-matter issues
Admittance of unadmitted claim request - auxiliary request 0 (no): no erroneous exercise of discretion
Admittance of claim requests filed on appeal - auxiliary request 0.1 and 11 (no): no appropriate reaction to appealed decision - Catchword
- -
- Citing cases
- -
Order
For these reasons it is decided that:
1. The request for staying the appeal proceedings is refused.
2. The request for referring questions to the Enlarged Board of Appeal is refused.
3. The appeal is dismissed.