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Institute of Professional Representatives before the European Patent Office

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Petition for Review R 16/23 Successful

November 21, 2025

The Enlarged Board of Appeal today held the oral hearing in case R 16/23 and announced its decision to set aside decision J 6/22, order the re-opening of the proceedings before the Legal Board of Appeal, and reimburse the petition fee.

The Enlarged Board delivered its decision without posing questions and without providing oral reasoning, indicating that the written decision will follow in due course.

epi, which has been following the case closely and submitted two sets of third-party observations 22 April 2025 and 6 November 2025, welcomes the decision and the safeguard of the fundamental right to oral proceedings, specially taking into account that petitions for review based on alleged fundamental procedural violations are only granted in a limited number of cases.

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