Tag: intervention

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G 2/24 – intervener in appeal proceedings

As reported by the EPO in a Press Communiqué of 25 September 2025, the Enlarged Board of Appeal has rendered decision G 2/24 (“Skin cleanser”) that relates to the procedural status of an intervener in opposition appeal proceedings.

The Enlarged Board confirmed its previous decision G 3/04 and concluded that, after withdrawal of all appeals, appeal proceedings may not be continued with a third party who intervened only during the appeal proceedings (see the EPO’s Press Communiqué of 25 September 2025).

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Appeal proceedings with intervener

In proceedings before the EPO, the question of whether appeal proceedings may be continued, after withdrawal of the sole appeal, with a party who intervened at the appeal stage has been settled for a long time. The Enlarged Board of Appeals (EBA) held in decision G 3/04: “After withdrawal of the sole appeal, the proceedings may not be continued with a third party who intervened during the appeal proceedings.”

In T 1286/23, the Board brings this question before the Enlarged Board of Appeals again. As stated in r. 3.7 of the decision, “[the] referring Board is … not in agreement that Article 105 EPC in combination with Article 107 EPC must be read in the sense that also a third party intervening only at the appeal stage can never become more than a non-appealing opponent.” The referring Board provides detailed reasons for this position in r. 3.7 et seq. of the decision.

Thus, the procedural question pertaining to a party who intervened at the appeal stage is going to be revisited.