This is a list of decisions and opinions of the Enlarged Board of Appeal of the European Patent Office (EPO) in chronological order of the dates when the decisions were issued. The list is incomplete.
Contents |
| Keys: | Decision(s), after referral by a Board of Appeal under Art. 112(1)(a) EPC | Opinion, after referral by the President of the EPO under Art. 112(1)(b) EPC | Decision and opinion, in consolidated or identical cases |
|---|
| Reference | Date | Keywords and/or comments | Sources |
|---|---|---|---|
| G 1/83 G 2/83 G 3/83 G 4/83 G 5/83 G 6/83 G 7/83 |
12 May 1984 | Patentability - Art. 52(4) - first and second medical indications (G 1/83, G 5/83 and G 6/83 have been published, respectively in German, English and French, the three official languages of the EPO. The four other decisions have not been published.) |
[1] [2] [3] |
| G 1/84 | 24 July 1985 | Opposition by proprietor - overturned by G 9/93 | [4] |
| G 1/86 | 24 June 1987 | Art. 122 - Restitutio in integrum - opponent not barred - time limit statement grounds of appeal | [5] |
| G 4/88 | 24 April 1989 | Opposition - transfer - part of the business assets | [6] |
| G 2/88 | 12 November 1989 | Art. 123(3) - change of category - use claim novel by its purpose | [7] |
| G 6/88 | 12 November 1989 | Novelty - second non-medical indication yes (Partially identical to G 2/88.) |
[8] |
| Reference | Date | Keywords and/or comments | Sources |
|---|---|---|---|
| G 1/89 G 2/89 |
21 February 1990 | Patent Cooperation Treaty - unity of invention - a priori and a posteriori | [9] [10] |
| G 5/88 G 7/88 G 8/88 |
16 November 1990 | Filing of notice of opposition at the DPMA before July 1, 1989 | [11] [12] [13] |
| G 7/91 G 8/91 |
11 May 1992 | Appeal - withdrawal of sole appellant - termination | [14] [15] |
| G 3/89 G 11/91 |
19 November 1992 | Art. 123(2) - strictly declaratory nature of Rule 88 corrections | [16] [17] |
| G 1/92 | 18 December 1992 | Novelty - availability to the public - prior use | [18] |
| G 9/91 | 31 March 1993 | Framework of opposition and appeal - extent | [19] |
| G 10/91 | 31 March 1993 | Framework of opposition and appeal - grounds | [20] |
| G 4/92 | 22 October 1993 | Oral proceedings - party absent - new facts or evidence | [21] |
| G 1/93 | 21 February 1994 | Art. 123(2) & (3) - conflict - inescapable trap | [22] |
| G 9/93 | 7 June 1994 | Opposition by patent proprietor - no - overturning G 1/84 | [23] |
| G 9/92 G 4/93 |
14 July 1994 | Framework of appeal - extent (decision) - reformatio in peius (With an indication of a minority opinion.) |
[24] [25] |
| G 1/94 | 5 November 1994 | Intervention during pending appeal proceedings - fresh grounds | [26] |
| G 10/93 | 30 November 1994 | Framework of appeal - ex parte - main aim: examination of the contested decision but no ban from introducing new grounds, facts or evidence | [27] |
| Reference | Date | Keywords and/or comments | Sources |
|---|---|---|---|
| G 4/95 | 19 February 1996 | Oral proceedings - representation - accompanying person ("Oral submissions by an accompanying person in opposition or opposition appeal proceedings") | [28] |
| G 1/95 G 7/95 |
19 July 1996 | Framework of opposition and appeal - Art. 100(a) - collection of grounds | [29] [30] |
| G 3/97 G 4/97 |
2 January 1999 | Opposition on behalf of third party - strawman - circumvention of law by abuse of process | [31] [32] |
| G 1/97 | 12 October 1999 | Appeal - request to review a final decision, not provided for in the EPC | [33] |
| Reference | Date | Keywords and/or comments | Sources |
|---|---|---|---|
| G 1/99 | 4 February 2001 | Framework of appeal -extent (decision) - reformatio in peius - exception | [34] |
| G 2/98 | 31 May 2001 | Priority - same invention - direct and unambiguous derivation | [35] |
| G 1/03 G 2/03 |
8 April 2004 | Allowability of disclaimers | [36] [37] |
| Reference | Date | Keywords and/or comments | Sources |
|---|---|---|---|
| G 2/04 | 25 May 2005 | Transfer of opposition (i.e., of the status as an opponent), filing of an appeal when "there is a justifiable legal uncertainty as to how the law is to be interpreted in respect of the question of who the correct party to the proceedings is". | [38] |
| G 1/05 G 1/06 |
28 June 2007 | Divisional applications | [39] [40] |
| G 2/06 | 25 November 2008 | Stem cells, non-patentability of inventions involving the use and destruction of human embryos, Rule 28(c) EPC. | [41] |
| Reference | Date | Keywords and/or comments | Sources |
|---|---|---|---|
| G 1/07 | 15 February 2010 | Methods for treatment by surgery | [42][43] |
| G 4/08 | 16 February 2010 | Language of the proceedings. No change of the language of a Euro-PCT application upon entry into European phase if the language of the PCT application is already in an EPO official language. | [44] |
| G 2/08 | 19 February 2010 | Dosage regimen | [45][46] |
| G 3/08 | 12 May 2010 | Patentability of programs for computers, referral dismissed | [47] |
| G 1/09 | 27 September 2010 | Pending application. Time limit for filing a divisional application, and meaning of "pending" in Rule 25 EPC 1973 (Rule 36(1) EPC) [1] | [48] |
| G 2/07 G 1/08 |
9 December 2010 | Essentially biological processes | [49] [50] |
| G 2/10 | 30 August 2011 | Allowability of disclaimers under Article 123(2) EPC if the disclaimed subject-matter was (positively) disclosed as an embodiment of the invention in the application as filed | [51] |
| Reference | Date | Keywords and/or comments | Sources |
|---|---|---|---|
| G 1/10 | referred 23 June 2010 | Correction of the decision to grant after initiation of opposition proceedings, application of Rule 140 EPC [2] (referral in Board of Appeal decision T 1145/09) | [52] |
| G 1/11 | referred 4 August 2011 | Competence of the Boards of Appeal |
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