Article 91

EUROPEAN PATENT OFFICE

Information from the EPO

Notice from the European Patent Office dated 24 October 2023 concerning the resumption of proceedings following the decision of the Enlarged Board of Appeal on consolidated cases G 1/22 and G 2/22

1. On 4 March 2022, the President of the European Patent Office (EPO) decided to stay, ex officio, all proceedings before EPO examining and opposition divisions in which the decision depended entirely on the Enlarged Board of Appeal's decision on referrals G 1/22 and G 2/22.1

2. On 10 October 2023, the Enlarged Board of Appeal issued its decision on consolidated cases G 1/22 and G 2/22 in which it held that the EPO is competent to assess priority entitlement and that there is a rebuttable presumption that an applicant claiming priority in accordance with the formal requirements under the EPC is entitled to do so.

3. The President of the EPO has decided to lift the stay with effect from 11 October 2023. Affected proceedings will be gradually resumed. A communication regarding the resumption of proceedings will be issued in the cases concerned.