In our earlier news item concerning G2/24, we reported that the Board of Appeal in T1286/23 had referred the following questions to the EPO's Enlarged Board of Appeal regarding the status of a third party intervener in appeal proceedings:
"After withdrawal of all appeals, may the proceedings be continued with a third party who intervened during the appeal proceedings? In particular, may the third party acquire an appellant status corresponding to the status of a person entitled to appeal within the meaning of Article 107, first sentence, EPC?"
In a decision issued on 25 September 2025, the Enlarged Board has answered "no" to both questions.
Thus, where a third party has intervened during appeal proceedings but the appeals from the original parties are subsequently withdrawn, the appeal proceedings must be terminated. The proceedings cannot continue with the intervener as sole appellant. Following the Enlarged Board's decision, the ruling in G3/04 therefore continues to apply.
The Enlarged Board issued this decision without holding oral proceedings. However, given that none of the parties requested oral proceedings, it is perhaps not a surprise that the Enlarged Board thought that it would be most efficient to decide on the referred questions without resorting to an oral hearing.
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