When Is A Party Not A Party?

The latest EPO referral to the Enlarged Board of Appeal, G2/24 concerns parties to proceedings and their rights in appeals.

The basic principle underlying appeals appears, on its face, to be straightforward. According to Article 107 EPC, only a party who is adversely affected by the decision may appeal. Other parties to the first-instance proceedings become parties to the appeal proceedings as of right. This makes sense since an unsuccessful opponent will want to challenge the first instance decision and, while the patentee is presumably happy with the end result, they must be allowed to defend their position, making them a party to proceedings despite not being in a position to appeal themselves. The same applies in reverse and, in situations where both parties were partially successful - patent upheld in amended form - both parties may appeal.