T 0546/26 (Substantial procedural violation/BAYER) of 21.08.2026
- European Case Law Identifier
- ECLI:EP:BA:2026:T054626.20260821
- Date of decision
- 21 August 2026
- Case number
- T 0546/26
- Online on
- 26 August 2026
- Petition for review of
- -
- Application number
- 24213473.2
- IPC class
- G16H 50/30G16H 50/50
- 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
- Generating synthetic training data
- Applicant name
- Bayer Aktiengesellschaft
- Opponent name
- -
- Board
- 3.5.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 109(1)European Patent Convention Art 113(2)European Patent Convention R 103(1)(a)European Patent Convention R 111(1)Rules of procedure of the Boards of Appeal 2020 Art 011Rules of procedure of the Boards of Appeal 2020 Art 012(8)
- Keywords
- Substantial procedural violation - (yes): appealed decision is not based on all the features of the claim request on file + decision not sufficiently reasoned
Interlocutory revision - examining division should have rectified decision
Remittal to the examining division (yes): fundamental deficiency apparent in first-instance proceedings
Reimbursement of appeal fee - (yes): equitable by reason of a substantial procedural violation - Catchword
- -
- Citing cases
- -
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the examining division for further prosecution.
3. The appeal fee is to be reimbursed in full.