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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 21 16

Boards of Appeal

Art. 11, 15, 106, 154, 155
R. 10



(1) The Boards of Appeal shall be responsible for the examination of appeals from the decisions of the Receiving Section, Examining Divisions, Opposition Divisions and of the Legal Division.


(2) For appeals from a decision of the Receiving Section or the Legal Division, a Board of Appeal shall consist of three legally qualified members.


(3) For appeals from a decision of an Examining Division, a Board of Appeal shall consist of:


(a) two technically qualified members and one legally qualified member, when the decision concerns the refusal of a European patent application or the grant of a European patent and was taken by an Examining Division consisting of less than four members;


(b) three technically qualified members and two legally qualified members, when the decision was taken by an Examining Division consisting of four members or when the Board of Appeal considers that the nature of the appeal so requires;


(c) three legally qualified members in all other cases.


(4) For appeals from a decision of an Opposition Division, a Board of Appeal shall consist of:


(a) two technically qualified members and one legally qualified member, when the decision was taken by an Opposition Division consisting of three members;


(b) three technically qualified members and two legally qualified members, when the decision was taken by an Opposition Division consisting of four members or when the Board of Appeal considers that the nature of the appeal so requires.



16 See decisions/opinions of the Enlarged Board of Appeal G 2/90, G 8/95, G 1/97, G 1/02, G 3/03 (Annex I).

Cross-reference list
Art. 21 Art. 21