Omission of drawings from the granted patent: limits of “deemed approval” and appeal as a remedy (T 0550/25)
In T 0550/25 (Technical Board of Appeal, 10 February 2026), the Board addressed a recurring procedural mishap: drawing sheets are missing from the text annexed to a Rule 71(3) EPC communication and the patent is granted without them. The decision is practically significant because it confirms that, in such circumstances, the applicant’s grant fee payment and translations do not necessarily amount to “deemed approval” of an unintended text, and an appeal against the grant decision can restore the correct application documents.
Continue reading