1.3 Form and content
Overview
1.3 Form and content
Decisions are to be produced in writing. This also applies to decisions delivered at the end of oral proceedings (see E‑III, 9).
No exhaustive rules can be laid down about the form and content of decisions, which will depend on the requirements of each particular case.
The written decision will contain:
– the names of the parties to the proceedings (applicant, proprietor, opponents) and, if applicable, their representatives
– the order (operative part) and, if necessary,
– the facts and submissions
– the reasoning
– information about the possibility of appeal (Rule 111(2)) and
– the signature(s) and the name(s) of the employee(s) responsible.
Even if the decision does not contain any information about the possibility of appeal, it is still open to appeal if it is incorrect, e.g. if the grant was not based on the documents that the applicant had approved.
If the decision is produced by the employee responsible on a computer, the EPO seal may replace their signature. If it is produced automatically by a computer, their name may also be dispensed with (Rule 113(2)).