November 28, 2022 Decision T2587/19-3.2.07 of Technical appeal board of the European patent office

The technical board of appeal decided the opposition appeal case against the appellant. The board did not admit to the proceedings material presented by the appellant to be relevant submitted for the first time in the appeal proceedings, finding that the material should have been submitted already in the opposition proceedings. Genip Oy represented the opponent that was the appellant in the appeal proceedings.

The decision underpins the importance of the contents of the notice of opposition initiating the opposition proceedings.  The notice of opposition should cover all possibly necessary facts, grounds and evidence that will be referred in the course of the opposition proceedings and the appeal proceedings possibly following the opposition proceedings.