1.7. Applicability of Article 24 EPC to disciplinary proceedings

Art. 3 of the Additional Rules of Procedure of the DBA of the EPO (see Supplementary publication 1, OJ 2024) contains rules on exclusion and objection in proceedings before the Disciplinary Board of Appeal. Art. 16 RDR provides that Art. 24 EPC shall apply mutatis mutandis as regards the exclusion of and objection to members of any of the Disciplinary Bodies (Supplementary publication 1, OJ 2024).

In D 7/82 (OJ 1983, 185) the Disciplinary Board applied Art. 24(3) EPC by analogy.

In D 25/05 the Disciplinary Board dismissed the request for exclusion of A as inadmissible under Art. 16 RDR and Art. 24 EPC, the appellant having taken a procedural step while aware of the possible reason for objection.