G 2301/15 (Request for a proposal of removal from office) of 17.09.2015
- European Case Law Identifier
- ECLI:EP:BA:2015:G230115.20150917
- Date of decision
- 17 September 2015
- Case number
- G 2301/15
- Petition for review of
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- Application number
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- IPC class
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- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
- Administrative Council of the European Patent Organisation
- Opponent name
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- Board
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- Headnote
1. The law-making bodies have so shaped the proceedings for a decision for a proposal under Article 23(1) EPC that they take proper judicial form. The arrangements laid down in Articles 2(5) RPEBA and Article 10 BDS/EBA for the composition of the Enlarged Board of Appeal in proceedings under Article 23(1) EPC are compatible with the European Patent Convention and general principles of law.
2. Article 12a(5) RPEBA requires that the request under Article 12a(1) RPEBA specify individual incidents and the evidence for them, and give reasons why they constitute a serious ground within the meaning of Article 23(1) EPC.
- Relevant legal provisions
- BDS EBA Art 001BDS EBA Art 002BDS EBA Art 010European Patent Convention Art 113(1) 1973European Patent Convention Art 117(1) 1973European Patent Convention Art 22 1973European Patent Convention Art 23(1) 1973European Patent Convention Art 24(3) 1973European Patent Convention Art 24(4) 1973European Patent Convention R 13RPBA_of_the_Administrastive_Council_Art_004Rules of procedure of the Enlarged Board of Appeal Art 12aRules of procedure of the Enlarged Board of Appeal Art 13Rules of procedure of the Enlarged Board of Appeal Art 14(2)Rules of procedure of the Enlarged Board of Appeal Art 14(4)Rules of procedure of the Enlarged Board of Appeal Art 18(3)Rules of procedure of the Enlarged Board of Appeal Art 2(5)ServRegs Art 102(3)ServRegs Art 14(1)ServRegs Art 20(1)ServRegs Art 20(2)ServRegs Art 93
- Keywords
- Request from the Administrative Council for a proposal that a member of the boards of appeal be removed from office under Article 23(1) EPC
Composition of the Enlarged Board of Appeal in proceedings under Article 23(1) EPC
Requirements in terms of reasons and substantiation to be fulfilled by a request under Article 12a(5) RPEBA
Reimbursement of all the respondent's procedural costs proposed - Catchword
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- Cited cases
- G 0006/95
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The request of 25 June 2015 is rejected as inadmissible.
2. The reimbursement of all costs incurred by the respondent in the proceedings before the Enlarged Board of Appeal is proposed.