SONN Patentanwälte – IP Attorneys

Participation in a decision of the EBoA does not constitute grounds for exclusion

Article 24(3) EPC: The fact that a member of the Enlarged Board of Appeal (EBoA) took part in an EBoA decision which was relevant for the present decision (and which ex lege may only address questions of law) does not constitute grounds for excluding that EBoA member from reviewing the present decision under Article 112a EPC (EPO Board of Appeal, 19 August 2024, R 4/24, interlocutory decision).