Boards of Appeal
The Boards of Appeal are the first and final judicial instance in the procedures before the European Patent Office (EPO). They are independent of the Office in their decisions and are bound only by the European Patent Convention (EPC). Outside the EPO, the decisions of the Boards of Appeal are not strictly binding on national courts, but "they are of great persuasive authority".[1]
Contents
Boards
The Boards of Appeal consist of the following.[2]
Enlarged Board of Appeal
The Enlarged Board of Appeal, sometimes abbreviated "EBoA" or "EBA", decides on points of law of fundamental importance.[3] More specifically, it has four functions:
- Issue a decision upon a referral from a Board of Appeal[4][note 1]
- Issue an opinion upon a referral from the President of the EPO[5]
- Examine petitions for review of decisions of the Boards of Appeal[6]
- Propose the removal from office of a member of Boards of Appeal
A decision of the Enlarged Board of Appeal is only binding on the Board of Appeal in respect of the appeal in question.[7]
Technical Boards of Appeal
The Technical Boards of Appeal decide appeals from decisions made by the examining divisions, specifically those related to the refusal of European patent applications. They also handle appeals against decisions of opposition divisions in disputes between two or more parties involving a granted European patent.[8]
Legal Board of Appeal
The Legal Board of Appeal reviews first-instance decisions related to procedural matters. It can hear appeals from rulings made by the Receiving Section and the Legal Division. In some cases, it may also review decisions from Examining Divisions, except for those involving the refusal of a European patent application or the grant, limitation, or revocation of a European patent.[9]
Disciplinary Board of Appeal
The Disciplinary Board of Appeal decides on appeals in cases relating to the European qualifying examination for professional representatives before the EPO (EQE) and in cases concerning breaches of their Rules of Professional Conduct.[10]
Case references
Each decision of the Boards of Appeal and the Enlarged Board of Appeal, as well as each opinion of the Enlarged Board of Appeal, has an alphanumeric reference. The first letter (or the text "Art 23") of the reference indicates the type of board which took the decision:
- G – Enlarged Board of Appeal (decisions and opinions under Article 112 EPC)
- R – Enlarged Board of Appeal (petitions for review under Article 112a EPC)
- T – Technical Board of Appeal
- J – Legal Board of Appeal
- D – Disciplinary Board of Appeal
- W – Decision concerning PCT reserves under Rule 40.2 PCT or Rule 68.3 PCT
Related pages on ESP Wiki
Notes
- ↑ Similar to the preliminary ruling of the European Court of Justice.
References
- ↑ Merrell Dow Pharmaceuticals v Norton [1995] UKHL 14 at [12].
- ↑ Boards of Appeal - Organization[archived], epo.org.
- ↑ Enlarged Boards of Appeal[archived], epo.org.
- ↑ Article 112(1)(a) EPO.
- ↑ Article 112(1)(b) EPO.
- ↑ Article 112a(5) EPO.
- ↑ Article 112(3) EPO.
- ↑ Technical Boards of Appeal[archived], epo.org.
- ↑ Legal Board of Appeal[archived], epo.org.
- ↑ Disciplinary Board of Appeal - Organization[archived], epo.org.
