Articles - 25.9.2025

Decision G2/24 – The alleged infringer cannot continue the appeal proceedings on their own

The Enlarged Board of Appeal of the EPO has made a decision on the re-asked question concerning the status of an alleged infringer in appeal proceedings. Read more:

Kaisa Suominen

Last year, a re-referral was presented to the Enlargerd Board of Appeal on whether an intervener that joins the proceedings only at the appeal stage can continue the appeal proceedings on their own, after all original appellants withdraw their appeals. In particular it was asked, whether the third party may acquire an appellant status corresponding to the status of a person entitled to appeal within the meaning of Article 107, first sentence, EPC.

A previous decision G3/04 had been issued, according to which if all appellants withdraw their appeal, the appeal proceedings are terminated.

The Enlarged Board of Appeal did not find any reason to change the previous decision, as the articles of the EPC on which the decision was based have not been changed in the meantime. Thus, the situation is still that the status of a party that intervenes only during the appeal proceedings is different from the status of the parties that have been party to the proceedings already at the first instance, and they cannot continue the appeal proceedings in a situation where all appeals are withdrawn.