Key points
(updated 18.06.2025)
- The announced measures for clearing the backlog of petition for review cases are being implemented, and the difference with the situation in 2024 is quite impressive.
- R 6/21: negative preliminary opinion 13.01.2025, withdrawal request for oral proceedings 06.02.2025. No written decision yet.
- R 7/22: oral proceedings on 18.02.2025, decision online 18.06.2025
- R10/22: oral proceedings 01.04.2025, written decision 28.05.2025
- R 15/22: oral proceedings 15.03.202, no written decision yet at the time of writing.
- R 16/22: concerns case T 2175/22, with four decisions of the BoA as of yet. The appeal was withdrawn. This published decision shows the application number. The petition for review is not visible in the online file.
- R 1/23: oral proceedings 31.01.2025. No written decision yet.
- Note, there is no official time limit or target for issuing the written decision in petition for review cases, unlike what is provided in Art. 15 RPBA.
- R 3/23: pending, preliminary opinion 18.03.2025
- R 6/23, R9/23, R10/23: pending, preliminary opinion was issued.
R 11/23 - forwarded to five-member panel. Oral proceedings 28.07.2025. - R 12/23: negative preliminary opinion of 21.08.2024. No further action yet.
- R 13/23: oral proceedings 20.01.2025. No written decision yet.
- R 14/23: oral proceedings on 20.01.2025. No written decision yet.
- R 16/23: five-member panel
- R 17/23: oral proceedings 24.02.2025. No written decision yet.
- R 18/23: preliminary opinion 21.02.2025.
- R 01D/23: no access to the online file (concerns decision D 33/22 about an EQE appeal)
- R 1/24: oral proceedings 10.03.2025.
- R 2/24: preliminary opinion 10.04.2025
- R 3/24: summons issued.
- R 4/24: summons issued.
- R 5/24: five-member panel, and summons issued.
- R 6/24: summons issued, five-member composition.
- R 7/24: summons issued.
- R 8/24: preliminary opinion 19.03.2025
- R 9/24: preliminary opinion issued 19.0.2025.
- R 10/24: summons issued 18.03.2025
- R 11/24: deemed not filed for failure to pay the fee (link)
- R 12/24: summons issued 10.02.2025.
- R 13/24: oral proceedings 03.12.2024. No written decision yet (!)
- R 14/24: preliminary opinion 19.03.2025
- R 15/24: summons 03.04.2025.
- R 16/24: preliminary opinion 07.04.2025
- R 17/24: decision issued.
- R 18/24: summons issued.
- R 19/24: petition withdrawn after summons with preliminary opinion 16.12.2024.
- R 20/24: summons issued 17.04.2025
- R 21/24: summons issued 17.04.2025
- R 22/24: summon sissued 03.04.2025
- R 23/24: summons issued 18.03.2025.
- R 24/24: summons issued 24.01.2025
- R 25/24: the oldest case with no action of the EBA yet. Pro se case.
- R 26/24: summons issued 14.04.2025.
- R 27/24: the "oldest" petition for review filed by a professional representative (on 18.11.2024) with no action of the EBA yet.
- R 29/24: Petition filed on 10.12.2024. Summons issued on 10.02.2025.Preliminary opinion on 07.03.2025. Oral proceedings on 13.05.2025 (now we are talking). Petition withdrawn 13.05.2025.
- The opposition and appeal of the opponent were withdrawn on 19.05.2025; the opponent was the sole appellant. The TBA had decided to maintain the patent in amended form.
- R 1/25: summons on 03.04.2025
- R 2/25: summons 23.05.2025 with preliminary opinion.
- R 6/25: summons on 29.04.2025; on a substantiated request of the "respondents" (not actually parties in the three-member panel stage), the oral proceedings were advanced from 12.01.2026 to 12.09.2025.
- The backlog of petition for review cases no longer appears to be a graveyard where you can buy approximately three years' pendency of your patent or application for a modest fee.
- For sure, the EBA will also issue the written decisions in petition for review cases without any (undue) delay. Would three months be reasonable?
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