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Case Law of the Boards of Appeal

 
 
5.4. Appeal

In G 6/91 (OJ 1992, 491) the Enlarged Board of Appeal ruled that, to be able to claim the fee reduction, it was sufficient for the notice of appeal to be filed as the essential item of the first act in appeal proceedings in an official language of a contracting state and be translated into one of the official languages of the EPO. Subsequent items, such as the statement of grounds of appeal, could then also be filed in an EPO official language.

In T 1152/05 the notice of appeal was filed in Dutch by a company which had its principal place of business in the US and thus could not benefit from the provisions of Art. 14(4) EPC. A translation into French was filed on the same day. The notice of appeal was, in accordance with Art. 14(4) EPC, deemed not to have been filed. Following G 6/91 (OJ 1992, 491), where the translation was filed at the same time as the original, the EPO could not take it as the "official" notice of appeal and ignore the original as superfluous. See also T 41/09 and III.A.3.2.1.