1. Suspensive effect 

This chapter deals in detail only with those questions which are relevant for interlocutory revision. At this stage of the proceedings, the department of first instance is still competent. More information on the appeal proceedings and the rules of procedure of the boards of appeal can be found on the EPO website.

Decisions of the Receiving Section, examining divisions, opposition divisions and the Legal Division are open to appeal.

An appeal has suspensive effect. This means that the decision cannot yet become final and its effects are suspended. As the decision cannot then be enforced, the following do not take place: entry in the Register of European Patents, mention in the European Patent Bulletin and, where appropriate, publication of a new specification of the European patent. For more information on the binding nature of decisions of the boards of appeal, see E‑X, 4E‑IX, 4.