3.1. International treaties not within the scope of the EPC

In J 22/10 the board stated that the Legal Board of Appeal had decided in a number of cases that decisions taken by the EPO when carrying out its obligations under the co-operation agreements with certain states extending the protection conferred by European patents (extension agreements) were based not on the EPC itself but solely on the co-operation agreements between the European Patent Organisation on the one hand and the extension states on the other hand; it therefore rejected the respective appeals as inadmissible (J 14/00, OJ 2002, 432; J 19/00; J 9/04 of 1 March 2005; J 2/05; J 4/05). The board noted that it followed from the very nature of the extension agreements relevant in these appeal proceedings that any decisions based on such international treaties did not fall within the scope of the EPC and, as a result of this, were not subject to the jurisdiction of the boards of appeal. The extension agreements made it absolutely clear that references to provisions of the EPC were exhaustive and, thus, that there could be no corresponding application of other provisions, including those of Art. 106 EPC concerning the appeals procedure. In other words, the Legal Board of Appeal was not competent to decide a case that was governed solely by a "foreign" legal system.

Quick Navigation