G 2/24 in a nutshell: EBoA clarifies intervener status in EPC appeals

In G 2/24, the EPO’s Enlarged Board of Appeal confirmed that an intervener in EPC appeal proceedings remains a dependent party and cannot continue the case after all appeals have been withdrawn. The referral arose from T 1286/23, where the intervener was admitted only at the appeal stage. Although the referring Board suggested granting the intervener independent appellant status, the Enlarged Board reaffirmed existing case law (including G 3/04): once all appeals are withdrawn, the proceedings must end; an intervener does not acquire independent party/appellant status under Article 107, first sentence, EPC.

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