|Miggy struggled to contain her excitement|
as she considered the awesome prospect
of G 1/11 ...
The latest referral to the Enlarged Board of Appeal - G 1/11 - poses a question which is going to register many notches lower on the interest scale for everyone, other than a small number of EPO officials. Contain your excitement as you savour the issue at stake, summarised in the IPKat's unofficial translation:
While the referring decision J 21/09 is currently available in German only, the file history shows that the appeal was assigned initially to a Technical Board of Appeal and then bounced to the Legal Board, which presumably doubted its own jurisdiction sufficiently to make the referral.Type text or a website address or translate a document.
French to English translation"Should an appeal against a decision of an Examining Division, refusing the refund of search fees under R.64 (2) EPC, which is not related to a decision to grant a European patent or to refuse a European patent application, be handled by a Technical Board of Appeal or the Legal Board of Appeal?"
The outcome of this referral will have a practical effect on where future appeals end up but, since this is a matter which is out of the hands of applicants anyway, the eventual decision will likely be of academic interest (if even that) to everyone who is not a Registrar of an EPO Appeal Board.
(Thanks to the anonymous commenter on yesterday's post who mentioned this referral).