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The European Patent Convention

 
 

Rule 109
Procedure in dealing with petitions for review

(1)
In proceedings under Article 112a, the provisions relating to proceedings before the Boards of Appeal shall apply, unless otherwise provided. Rule 115, paragraph 1, second sentence, Rule 118, paragraph 2, first sentence, and Rule 132, paragraph 2, shall not apply. The Enlarged Board of Appeal may specify a period deviating from Rule 4, paragraph 1, first sentence.
(2)
The Enlarged Board of Appeal  
(a)
consisting of two legally qualified members and one technically qualified member shall examine all petitions for review and shall reject those which are clearly inadmissible or unallowable; such decision shall require unanimity; 
(b)
consisting of four legally qualified members and one technically qualified member shall decide on any petition not rejected under sub-paragraph (a).
(3)
The Enlarged Board of Appeal composed according to paragraph 2(a) shall decide without the involvement of other parties and on the basis of the petition.
References

Art. 22

 
Cross-reference list
EPC EPC 1973
R. 109-