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Guidelines for Examination

 
 

7.2 Remittal to the Board of Appeal

If the appeal is not allowed within three months after receipt of the statement of grounds, it must be remitted to the competent Board of Appeal without delay, and without comment as to its merit. This means that the department of first instance should address no comments of substance to the Board. Internal notes made by Division members about the merits of the appeal should be kept in the non-public part of the dossier and should not be sent to the Board of Appeal.

The receipt of the statement of grounds of appeal is a prerequisite for the Examining Division when deciding whether the appeal is well-founded. Such statements can be filed at any time within four months from the notification of the decision (Art. 108). Therefore, the Examining Division will wait until the expiry of this four-month time limit before deciding whether to allow interlocutory revision or to remit the appeal to the Board to ensure that the full content of the statement of grounds has been received.

The decision to allow interlocutory revision must be signed by all members of the Division as soon as they are available, even if this is after expiry of the three-month time limit.

In either case, the decision may be signed only by (or for) examiners belonging to the Division at the time of signature. If an examiner is absent for a long period or has left the department, a new member must be appointed to the Division.

References

Art. 109(2)