Case Law of the Boards of Appeal – Case Law of the Boards of Appeal of the European Patent Office
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Case Law of the Boards of Appeal
Case Law of the Boards of Appeal of the European Patent Office
VII. Institutional matters
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VII. Institutional matters
Overview
VII. INSTITUTIONAL MATTERS
1.
Legal status of the EPO Boards of Appeal
1.1.
The institutional structure of the European Patent Organisation
1.2.
Authority to amend the RPBA
1.3.
Boards of Appeal as judicial authorities
1.3.1
Courts of law under the EPC
1.3.2
Boards of Appeal as judicial or quasi-judicial authorities according to national case law
1.3.3
"Self-binding" of the Boards of Appeal as tribunals under Article 6 of the ECHR
1.3.4
Judicial or quasi-judicial authorities under the TRIPS Agreement
1.3.5
Not a court or tribunal of an EU Member State
1.4.
Relationship with the law of the European Union and with CJEU case law
1.5.
Nature of the case law of the Boards of Appeal – no binding precedents
1.6.
Significance of national law and national case law for the Boards of Appeal
1.6.1
In principle no binding effect – strive for harmonisation
1.6.2
Binding nature of national decisions in relation to procedures under Article 61(1) EPC
1.7.
Competency of the EPO to assess priority entitlement
2.
Extension agreements and ordinances
2.1.
Legal nature
2.2.
No jurisdiction of the Boards of Appeal
2.3.
Non-applicability of Article 105(1)(a) EPC
3.
Legal status of the President of the EPO
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