https://www.epo.org/en/case-law-appeals/organisation

About the Boards of Appeal

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Appellate function of the Boards

The Boards of Appeal are the first and final judicial authority in proceedings before the European Patent Office. They are independent of the Office in their decisions and are bound only by the EPC.

The Boards of Appeal provide an independent review of decisions taken by the Receiving Section, Examining Divisions, Opposition Divisions and the Legal Division of the European Patent Office.

The Boards of Appeal strive to:

  • deal with appeal cases both justly and efficiently
  • achieve the quality standards expected of a final judicial authority
  • apply procedures in a consistent and predictable manner
  • maintain consistency in the case law
  • ensure that the decisions are easily accessible to the public
Boards

 

Organisation
Governance

The boards, the registrars and support services form an organisational unit headed by the President of the Boards of Appeal, who is independent of the President of the EPO and responsible only to the Administrative Council.

The Boards of Appeal Committee (BOAC) is a subsidiary body of the Administrative Council which acts as a link between the Administrative Council and the Boards of Appeal. The BOAC reports to the Administrative Council and provides guidance to the President of the Boards of Appeal on the general management and organisation of the Boards of Appeal, especially on efficiency and independence.

The Presidium of the Boards of Appeal is an autonomous authority within the Boards of Appeal (Rule 12b(1) EPC). It advises the President on the general functioning of the Boards and proposals for amendments to the Rules of Procedure. The Presidium in its extended composition adopts the Business Distribution Scheme of the Legal Board of Appeal and the Technical Boards of Appeal (Rule 12b(4) EPC).

Legal and Administrative Services

Legal Services

The Legal Services directorate of the Boards of Appeal is composed of the "Legal Advice Service" and the "Legal Research Service" departments.

The Legal Advice Service of the Boards of Appeal provides legal and strategic advice on governance and institutional matters to the President of the Boards of Appeal and coordinates and implements legislative initiatives.

The Legal Research Service of the Boards of Appeal provides patent-related legal support and advice to the Boards of Appeal as well as comprehensive information on the case law of the Boards of Appeal, both internally and to the public.

Administrative Services

The Administrative Services directorate is composed of the "Registry" and "Administration and Business Processes" departments.

The Registry department provides day-to-day support to the chairpersons, board members and parties, assisting with all formalities of the appeal process and carrying out all administrative tasks and duties assigned to it.

The Administration and Business Processes department provides advice and assistance to the President of the Board of Appeal and the Boards of Appeal on information technology, planning, human resources and general administration.