Referral to the Enlarged Board of Appeal – G2/24 (“Skin cleanser”)

Under Article 112(1)(a) EPC, a Board of Appeal refers a question to the Enlarged Board of Appeal if it considers that a decision is required, in order to ensure uniform application of the law or if a point of law of fundamental importance arises.

Technical Board of Appeal 3.2.04 has by interlocutory decision T 1286/23 referred the following questions to the Enlarged Board of Appeal (referral pending under G 2/24 - “Skin cleanser”):

After withdrawal of all appeals, may the proceedings be continued with a third party who intervened during the appeal proceedings? In particular, may the third party acquire an appellant status corresponding to the status of a person entitled to appeal within the meaning of Article 107, first sentence, EPC?

Contact

Nikolaus Obrovski
Jeannine Hoppe
Spokespersons of the Boards of Appeal of the European Patent Office
boa-press@epo.org