BREAKING NEWS: G 1/21 - Exclusion and objection of the chairman of the Enlarged Board, but not of other members
Interesting developments in G 1/21! On the same day as on which the President of the EPO further extended the pilot project for oral proceedings by videoconference before opposition divisions, as set out in the decision of the President of the European Patent Office dated 10 November 2020 concerning the modification and extension of the pilot project for oral proceedings by videoconference before opposition divisions (OJ EPO 2020, A121), to run until 31 January 2022 (see here), was a decision published online with respect to exclusion and objection of the chairman and other members of the Enlarged Board in case G 1/21 (decision dated 17 May 2021). Curious to what was decided and why: see below!
Update 28.05.2021: on 24.05.2021, the opponent's representative filed a response to the Communication with the decision, raising further reasoned objections and requests; the oral proceedings on 28.05.2021 started with a non-public discussion of those issues - see at the bottom of the page. The objections were rejected, but the oral proceedings to the merits of the case were further postponed, as the submissions from the President were only notified to the appellant two days before the oral proceedings.
Update 02.06.2021: oral proceedings are to be held on 2 July 2021 by videoconference.)