5.7.1Filing an appeal 

5.7.001Appeals may be filed against decisions of the Receiving Section, the examining divisions, the opposition divisions and the Legal Division. An appeal has suspensive effect, which means that the contested decision is not yet final (no formal res judicata) and its effects are suspended.

5.7.002Notice of appeal must be filed in written form within two months after the date of notification of the contested decision. It is not deemed to have been filed until the appeal fee has been paid. Within four months after the date of notification of the decision, a written statement setting out the grounds of appeal must be filed. The above time limits cannot be extended. Further processing under Article 121 is excluded.

5.7.003A reduced fee for appeal applies to appeals filed by natural persons and by small and medium-sized enterprises, non-profit organisations, universities and public research organisations. 

5.7.004The notice of appeal and the statement of grounds may be filed in electronic form using the EPO Online Filing software, EPO Online Filing 2.0 or the EPO Contingency Upload Service. They may also be filed by post or by hand. A valid electronic signature may take the form of a facsimile signature, a text string signature or an enhanced electronic signature (see point 4.4.004).

5.7.005The notice of appeal must contain: 

5.7.006In the statement of grounds the appellant should indicate the reasons why the decision should be set aside, or the extent to which it is to be amended. Similarly, the facts and evidence on which the appeal is based should also be filed. All arguments should be presented in writing and not reserved for possible oral proceedings.