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Chapter III – The European Patent Office

Overview

Article 108
Management

(1) The European Patent Office shall be managed by the President, who shall be responsible for its activities to the Administrative Council. 

(2) To this end, the President shall have in particular the following functions and powers: 

(a) he shall take all necessary steps to ensure the functioning of the European Patent Office, including the adoption of internal administrative instructions and information to the public; 

(b) unless this Convention provides otherwise, he shall prescribe which acts are to be performed at the European Patent Office in Munich and its branch at The Hague respectively; 

(c) he may submit to the Administrative Council any proposal for amending this Convention, for general regulations, or for decisions which come within the competence of the Administrative Council; 

(d) he shall prepare and implement the budget and any amending or supplementary budget; 

(e) he shall submit a management report to the Administrative Council each year; 

(f) he shall exercise supervisory authority over the staff; 

(g) subject to Article 11, he shall appoint the employees and decide on their promotion;

(h) he shall exercise disciplinary authority over the employees other than those referred to in Article 11, and may propose disciplinary action to the Administrative Council with regard to employees referred to in Article 11, paragraphs 2 and Article 11, paragraphs 3;

(i) he may delegate his functions and powers. 

(3)9 The President shall be assisted by a number of Vice-Presidents. If the President is absent or indisposed, one of the Vice-Presidents shall take his place in accordance with the procedure laid down by the Administrative Council. 


8See decisions/opinions of the Enlarged Board of Appeal G 5/88, G 7/88, G 8/88, G 1/02 (Annex I).

9See decision of the Administrative Council of 06.07.1978 on substitution for the President of the EPO (OJ EPO 1978, 326).

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