Key points
- A very quick post to flag that this petition for review was filed on 07.09.2026.
- The panel was established on 08.09.2026, and the notification of the commencement of the proceedings was issued on 09.09.2026.
- This makes for quite a change from past practice.
- To cite the Explanatory Remarks to the EPC 2000, Article 112a EPC, from OJ 2007 Special Edition 4 (link):
- 12. "The possibility of filing a petition for review must not cause long-lasting legal uncertainty for third parties. "
- 18. "In the interest of a quick and effective screening of petitions for review which are clearly inadmissible or not allowable, special procedural provisions apply to the three-member panel of the Enlarged Board established under Article 22(2), second sentence, and Rule 109(2) EPC 2000 (see explanatory remark n° 4 to Article 22 EPC). "
- "The proceedings before this panel shall be as simple and short as possible."
- "Therefore, this body shall decide in written* summary proceedings without the involvement of other parties and on the basis of the petition (see Rule 109(3) EPC 2000). A quick screening procedure at the outset of review proceedings to sort out petitions which clearly cannot be successful is essential in order to avoid an inappropriate prolongation of legal uncertainty for third parties. It is also of great importance to counteract effectively intentional prolongation of proceedings by filing a petition for review." (* - but with oral proceedings on request; the text is imprecise on that point)
EPO
The link to the decision is provided after the jump.
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