Communications from the Boards of Appeal 2023

Press Communiqué of 23 March 2023 on decision G 2/21 of the Enlarged Board of Appeal

The Enlarged Board of Appeal of the European Patent Office today issued decision G 2/21 and concluded that the term “plausibility” did not amount to a distinctive legal concept or a specific law requirement under the EPC.

Boards of Appeal Case Law 2022

Annual review containing summaries of decisions from 2022 now available

Oral proceedings before the Boards of Appeal – pandemic measures cease; oral proceedings by VICO still provided

In the light of the developments in the coronavirus (COVID-19) pandemic, the Boards of Appeal will lift measures regulating the arrangement and conduct of oral proceedings from 1 February 2023. The conduct of oral proceedings using videoconferencing (VICO) continues to be provided, see the section “Oral proceedings conducted by VICO” below.

Decision of the German Federal Constitutional Court on complaints against Boards of Appeal decisions

The German Federal Constitutional Court today published its decision on several constitutional complaints (2 BvR 2480/10, 2 BvR 421/13, 2 BvR 786/15, 2 BvR 756/16 and 2 BvR 561/18) which concerned an alleged lack of legal protection and an alleged violation of procedural rights in proceedings before technical Boards of Appeal and the Enlarged Board of Appeal. The Federal Constitutional Court held the constitutional complaints inadmissible.

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