28 October 2025

T 0438/19 (II) - After G 1/23

Key points

  • After the decision of the EBA in G 1/23 - Commercial Products - the TBA issued a preliminary opinion.
  • Oral proceedings took place on 15.10.2025. During the oral proceedings, the Board announced a conclusion on inventive step. The minutes do not mention what the Board's conclusion was.
  • In reply, the proprietor disapproved of the text of the patent.
  • The TBA now revokes the patent without substantive reasoning.
  • The oral proceedings lasted from 09:00 to 17:10.
  • A divisional application was filed, granted, and opposed by the same opponent, with an appeal by the proprietor. The proprietor withdrew its appeal on 15.10.2025 at 18:08.
EPO 
The link to the decision can be found after the jump.


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