Recently published decisions 2026
All board of appeal decisions released for publication in the last three months are shown in the list below (newest first). The website checks for new decisions daily and updates the list accordingly. For full lists per year, please access the subpages.
February 2026
Admittance of claim requests filed after Art. 15(1) RPBA communication - auxiliary requests X0a and X0b (no): no cogent reasons justifying "exceptional circumstances"
Added subject-matter - main request and remaining auxiliary requests (yes)
While the amending of Rule 117 EPC may have been occasioned by a particular situation (in this case the pandemic), the wording of Rule 117 EPC does not limit its application to a pandemic or similar exceptional situation. It thus applies irrespective of whether the situation which occasioned its amendment persists or not (Reasons 2.3.2 (a)).
The board is not aware of any statement by the Enlarged Board in G 1/21 that would be even indirectly - let alone directly - applicable to hearing a witness. (Reasons 2.3.2 (e)).
Novelty - main request and auxiliary requests I-VI (no)
Novelty - auxiliary request VIII (yes)
Claims - clarity
Claims - auxiliary request VII (no)
Novelty - (yes)
Novelty - main request (yes)
Novelty - implicit disclosure (no)
Remittal - (no)
Remittal - special reasons for remittal
Main request, first auxiliary request - no longer maintained in first-instance proceedings - admitted (no)
Second to fifth auxiliary request - inventive step (no)
Sixth request - not admitted in first-instance proceedings - admitted (no)
Seventh auxiliary request - should have been submitted in first-instance proceedings - admitted (no)
Novelty
Inventive step
Amendments
Late-filed facts - error in use of discretion at first instance (yes)
Erfinderische Tätigkeit - Hauptantrag (nein)
Erfinderische Tätigkeit - Hilfsanträge (nein)
Erfinderische Tätigkeit - naheliegende Änderung
Erfinderische Tätigkeit - allgemeines Fachwissen
Late-filed evidence - admittance in appeal proceedings (yes)
Requests filed during appeal proceedings - admitted (yes)
Request for continuation in writing - rejected
Validity of priority date (yes)
Amendments - correction of obvious errors (no)
Inventive step - main request and auxiliary requests 1 and 2 (no), auxiliary requests 3 and 15 (yes)
Amendments of application
Amendments - amended claims relating to unsearched subject-matter
Remittal - special reasons for remittal
Oral proceedings - withdrawal of request for oral proceedings