EPO R 0007/25

Decisions and documents (1)

• 2026-10-21appeal decision

  A violation of the right to be heard following an intervention may arise where (i) the intervention introduces a new ground or new evidence, (ii) that ground or evidence alone leads to the revocation of the patent, and (iii) the patent proprietor could not take a position on it. In such a case, to substantiate the petition, the petitioner should identify the submission it was prevented from making and explain how that submission could have affected the outcome.; Article 113(1) EPC guarantees the right to be heard on the grounds and evidence on which the decision is based. It does not convey an abstract right to respond to every submission filed in the proceedings, regardless of its relevance and impact on the outcome (see points 2.4 and 3.4 of the Reasons).

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