BOARDS OF APPEAL
Communication from the Enlarged Board of Appeal concerning case G 2/24
In accordance with Article 112(1)(a) EPC, Technical Board of Appeal 3.2.04 has referred the following points of law to the Enlarged Board of Appeal by interlocutory decision of 11 November 2024 in case T 1286/23:
After withdrawal of all appeals, may the proceedings be continued with a third party who intervened during the appeal proceedings? In particular, may the third party acquire an appellant status corresponding to the status of a person entitled to appeal within the meaning of Article 107, first sentence, EPC?
The text of the referral in English is available on the EPO website under epo.org/en/boards-of-appeal/decisions/t231286ex1.
The Enlarged Board of Appeal considering the referral G 2/24 will be composed as follows: C. Josefsson (Chair), I. Beckedorf, D. Rogers, T. Sommer, E. Liiv, G. Pricolo, W. Chandler.
Third parties are hereby given the opportunity to file written statements in accordance with Article 10 of the Rules of Procedure of the Enlarged Board of Appeal (OJ EPO 2015, A35) in one of the official languages of the EPO (English, French or German).
To ensure that any such statements can be given due consideration, they should be filed by 17 April 2025 with the Registry of the Enlarged Board of Appeal, quoting case number G 2/24, and should be marked for the attention of Mr Nicolas Michaleczek (EBAamicuscuriae@epo.org).