Questions submitted to the Enlarged Board. During opposition the Proprietor announced that it wanted a correction of the decision to grant from the examining division. The opposition division decided to stay proceedings and the Opponent appealed the decision to stay. The Board submitted questions to the Enlarged Board, asking (1) whether a request for correction of a decision was admissible after initiation of opposition proceedings and (2) whether the examining division could decide about this in a binding manner, precluding the opposition division from examining whether the correction decision amounts to an unallowable amendment.
A full summary of this case has been published on Kluwer IP Law.
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Indeed a point that would require the Enlarged Board to balance rights of the patentee with that of the opponent’s.
Eagerly waiting for the Enlarge Board’s decision – when would that be out? Any idea?
Normally, it will take between one and two years after teh referral is made to get a decision from the Enlarged Board. It appears that in formality cases, of which this seems to be an example, the Enlarged Board in general reacts the quickest. Thus, I expect a decision within 12-18 months.