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.
May 2025
Basis of decision - text or agreement to text withdrawn by patent proprietor
Basis of decision - patent revoked
Sufficiency of disclosure - (yes)
Claims - clarity
Claims - main request (yes)
Remittal - (yes)
Remittal - special reasons for remittal
Amendments - allowable (yes)
Amendments - extension beyond the content of the application as filed (no)
Divisional application - added subject-matter (no)
Divisional application - after amendment
Appeal decision - remittal to the department of first instance (yes)
Remittal - special reasons for remittal
Amendment after summons - exceptional circumstances (yes)
Neuheit - Hauptantrag (nein)
Neuheit - Hilfsantrag 1-3 (nein)
Erfinderische Tätigkeit - Hilfsantrag 4, 5 (nein)
Sufficiency of disclosure - main request, auxiliary requests 1, 2, 3, 4a (no)
Sufficiency of disclosure - auxiliary request 4b (yes)
Exceptions to patentability - method for treatment by surgery
Exceptions to patentability - auxiliary request 4b (no)
Claims - clarity and support in the description
Claims - auxiliary request 4b (yes)
Remittal - (yes)
Grounds for opposition
Novelty - (no)
Amendment to case - detrimental to procedural economy (yes)
Late-filed request - should have been submitted in first-instance proceedings (yes)
Amendments - allowable (no)
Primary object of appeal proceedings to review decision - appeal case directed to facts on which decision was based (yes)
Referral to the Enlarged Board of Appeal - (no)
Grounds for opposition - insufficiency of disclosure (yes: main request, claim 8)
Auxiliary requests filed during the oral proceedings - admitted (yes)
Inventive step - (no: all auxiliary requests)
Main request and auxiliary requests 1, 2 and 3: added subject-matter - (no); sufficiency of disclosure - (yes); inventive step - (no)
Auxiliary request 4: added subject-matter - (no); sufficiency of disclosure - (yes); inventive step - (yes)
Petition for review - clearly inadmissible or unallowable
Fundamental violation of Article 113(1) EPC (no)