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EPO Appeal Statistics for 2022 Published

The Annual Report 2022 of the Boards of Appeal of the European Patent Office was made available earlier today.

The report shows that in line with previous years, appeals of oppositions lead to a different outcome than the first instance proceedings in more than 60% of cases (“Appeal successful in whole or in part”):

Inter Partes Cases Settled Graph
Inter Partes Cases Settled

 

The number of new opposition appeal cases saw another notable rise (38%). 25 Petitions for Review were filed in 2022, a 67% increase from the previous year:

Breakdown of Appeal Cases Graph
Breakdown of Appeal Cases

 

The number of opposition appeal cases pending sees a 7.5% decrease:

Number of Pending Cases Graph
Pending Cases

 

Like last year, the report does not give figures for the mean duration of appeal proceedings. Rather, they rely on showing figures for completion of cases in 30 months (but without differentiation of ex parte and inter partes proceedings):

Timeliness Results Graph
Timeliness Results

 

Finally, the figures also show that 71% of appeal hearings were held by videoconference in 2022:

Oral Proceedings Graph
Oral Proceedings

 

The Board of Appeal announcement on the report can be found here
The full report and all available statistics can be found here