New EPO Enlarged Board of Appeal Referrals
12th December 2013
Cases G 01/13 (Party Status, T 0022/09) and G 02/13 (Broccoli II, T 0083/05) have been referred to the Enlarged Board of Appeal, and third parties are invited to file written statements by the end of December 2013 and November 2013 respectively.
G 01/13 addresses the issue of whether or not a dissolved company can maintain opposition proceedings.
G 02/13 addresses the issue of whether the exclusion from patentability of essentially biological processes extends to product and product-by-process claims.