7.3.2 Final decision after patent expiry

Another possible reason for not remitting a case is that a final decision could not be expected until after the patent has expired (T 249/93, T 1200/08). In T 340/12 the board took into consideration the considerable age of the patent, which would lapse in less than two years. The board saw no public interest in remitting the case, which would leave open the question of validity for several more years.