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European Patent Convention (EPC 1973)

 
 
A revised version of the European Patent Convention entered into force on 13 December 2007. The provisions of the revised Convention apply unless the transitional provisions provide for the applicability of the EPC 1973.

Article 110 80

Examination of appeals

R. 66, 69, 70



(1) If the appeal is admissible, the Board of Appeal shall examine whether the appeal is allowable.


(2) In the examination of the appeal, which shall be conducted in accordance with the provisions of the Implementing Regulations, the Board of Appeal shall invite the parties, as often as necessary, to file observations, within a period to be fixed by the Board of Appeal, on communications from another party or issued by itself.


(3) If the applicant fails to reply in due time to an invitation under paragraph 2, the European patent application shall be deemed to be withdrawn, unless the decision under appeal was taken by the Legal Division.



80 See decisions/opinions of the Enlarged Board of Appeal G 9/91, G 10/91, G 10/93, G 1/97, G 3/99 (Annex I).

Cross-reference list
Art. 110(2), (3) R. 100(2), (3)