3. Petition for review under Article 112a EPC
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  7. 3. Petition for review under Article 112a EPC
  8. 3.10. ‍‍Rule 109 EPC
  9. 3.10.4 Procedural efficiency
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3.10. ‍‍Rule 109 EPC – composition of the Enlarged Board and review procedure

Overview

3.10.4 Procedural efficiency

You are viewing the 9th edition (2019) of this publication; for the 10th edition (2022) see here

Petition for review proceedings should by their nature be dealt with as speedily as possible, acceleration requests are therefore unnecessary (R 18/09, R 15/13). In R 11/12 the board also stated that petitions for review should, in the interest of legal certainty, be dealt with expeditiously, and did not consider a planned birthday party a reason justifying the fixing of a new date for oral proceedings before the Enlarged Board.

In R 5/08 the Enlarged Board noted that R. 109(1) EPC provides that certain specific procedural time limits do not apply to petition for review proceedings and stated that this allowed the Enlarged Board to shorten these time periods in the interest of procedural efficiency. However, it clearly provides no justification for parties to disregard time limits set by the Enlarged Board itself.

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