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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 all the grounds are received 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.


Art. 109(2)