SONN Patentanwälte – IP Attorneys

Referral to the EPO Enlarged Board on the status of an intervener

May an appeal proceed after all appeals have been withdrawn solely with a third party who has intervened in the appeal proceedings as an alleged infringer? In particular, can that intervener acquire the standing of an appellant, i.e. that of a person entitled to appeal within the meaning of Article 107, first sentence, EPC (EPO BoA 11 Nov 2024, T 1286/23, Skin cleanser; referral pending before the Enlarged Board of Appeal as G 2/24)?