Recently published decisions
All board of appeal decisions released for publication in the last three months are shown in the list below (newest first). The website checks for new decisions daily and updates the list accordingly. For full lists per year, please access the subpages.
April 2025
Sufficiency of disclosure - (yes)
Claims - clarity (yes)
Novelty - (yes)
Inventive step - (yes)
Late-filed evidence - should have been submitted in first-instance proceedings (yes)
Late-filed evidence - admitted (no)
Late-filed objection - should have been submitted in first-instance proceedings (yes)
Late-filed objection - admitted (no)
Grounds for opposition - insufficiency of disclosure (no)
Grounds for opposition - lack of novelty (no)
Grounds for opposition - lack of inventive step (no)
Appeal decision - remittal to the department of first instance (yes)
Reimbursement of appeal fee - (yes)
Reimbursement of appeal fee - substantial procedural violation (yes)
Inventive step - (yes)
Amendment to case - amendment within meaning of Art. 12(4) RPBA 2020 (yes)
Amendment to case - suitability of amendment to address issues (no)
Sufficiency of disclosure - main request (no)
Sufficiency of disclosure - auxiliary requests 1 to 5 (no)
Late-filed auxiliary requests 6 and 7
Late-filed auxiliary requests - Admission into the appeal proceedings (no)
Basis of decision - text or agreement to text withdrawn by patent proprietor
Basis of decision - patent revoked
Grounds for opposition - subject-matter extends beyond content of earlier application (yes)
Divisional application - subject-matter extends beyond content of earlier application (yes)
Amendment after summons - exceptional circumstances (no)
Amendment after summons - taken into account (no)
Basis of decision - text or agreement to text withdrawn by patent proprietor
Basis of decision - patent revoked
Amendments - added subject-matter (no)
Remittal - (yes)
Remittal - special reasons for remittal
Neuheit - (ja)
Erfinderische Tätigkeit - (ja)
Spät eingereichte Tatsachen - wären bereits im erstinstanzlichen Verfahren vorzubringen gewesen (ja)
Spät eingereichte Tatsachen - Umstände der Beschwerdesache rechtfertigen Zulassung (nein)
Amendments - extension beyond the content of the application as filed (yes)
Amendment after summons - exceptional circumstances (no)