23 June 2026

T 0873/24 - Pending G 1/26 - The patent family

Key points

  • This new referral regarding claim interpretation has already received considerable attention.
  • Let's discuss another aspect of it. 
  • There are 107 auxiliary requests. I don't know if that is a normal number of ARs nowadays, but the Board doesn't seem to consider it unusual.
  • "The patent proprietor/appellant 1 requests that the decision under appeal be set aside and that the opposition be rejected, or in the alternative, that the patent be maintained in amended form based on auxiliary requests 1-85, filed with the grounds of appeal, or based on one of auxiliary requests 86-103, filed by letter dated 24 July 2025, or based on one of auxiliary requests 104-107, filed by letter dated 16 January 2026."
  • The patent is opposed by POSCO.
  • It has a divisional application and two parents.
  • The grandparent was granted in 2017 and was opposed by 5 opponents (not including POSCO). The patent was maintained in amended form.
  • The parent was opposed by three opponents (not including POSCO) and maintained in amended form.
  • The filing date is 30.10.2006. 
  • The divisional application is still pending. I'm not sure whether the EPO will be able to complete the divisional grant procedure or the current opposition procedure before the end of the patent term. 
EPO 
The link to the decision is provided after the jump.

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