ADMINISTRATIVE COUNCIL
Decisions of the Administrative Council
Decision of the Administrative Council of 25 October 2007 approving amendments to the Additional Rules of Procedure of the Disciplinary Board of Appeal of the European Patent Office
THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,
Having regard to Article 134, paragraph 8(c), of the European Patent Convention,
Having regard to Article 25, paragraph 2, of the Regulation on discipline for professional representatives,
Having regard to the opinion of the Committee on Patent Law,
HAS DECIDED AS FOLLOWS:
The amendments to the Additional Rules of Procedure of the Disciplinary Board of Appeal, as shown in the Annex to this decision, are hereby approved.
Done at Munich, 25 October 2007
For the Administrative Council
The Chairman
Roland GROSSENBACHER
ANNEX
DECISION
Amendments to the Additional Rules of Procedure of the Disciplinary Board of Appeal, OJ EPO 1980, 188
In accordance with Article 25, paragraph 2, of the Regulation on discipline for professional representatives the Disciplinary Board of Appeal amends its Additional Rules of Procedure as follows:
Article 1
(1) The following new Article 2, paragraph 3, is inserted in the Additional Rules of Procedure of the Disciplinary Board of Appeal:
"The Chairman of the Disciplinary Board of Appeal may designate another legally qualified member of the Disciplinary Board of Appeal to replace him or her as Chairman in a particular appeal in accordance with the business distribution scheme."
(2) The text of Article 4 is amended as follows:
"A Registrar to the Boards of Appeal of the European Patent Office shall act as Registrar to the Disciplinary Board of Appeal. A further employee of the European Patent Office shall be appointed by the Chairman of the Disciplinary Board of Appeal to act as deputy Registrar where the Registrar is unable to act."
(3) The text of Article 6, paragraph 2, is amended as follows:
"A notice of appeal and any written statement setting out the grounds of appeal may be filed by facsimile but a signed document reproducing the contents of every such notice and statement shall be filed within two weeks of the receipt of the facsimile."
(4) The text of Article 8, paragraph 1, is amended as follows:
"Minutes of oral proceedings and of the taking of evidence shall be drawn up by the Registrar or such other employee of the European Patent Office as the Chairman of the Disciplinary Board of Appeal may nominate. Rule 124 EPC shall apply mutatis mutandis to the taking of such minutes."
(5) The text of Article 9, paragraph 1, is amended as follows:
"The language of the proceedings shall be the official language of the European Patent Office in which the proceedings were conducted before the Disciplinary Body whose decision is appealed against but Rule 4 EPC shall apply mutatis mutandis to proceedings before the Disciplinary Board of Appeal."
(6) The text of Article 16, paragraph 2, is amended as follows:
"If voting is necessary, votes shall be taken in the same sequence; even if the Chairman is the rapporteur, he shall vote last. Abstentions shall not be permitted."
(7) The text of Article 17 is amended as follows:
"Unless the effect of a decision is to uphold the dismissal of the matter or to remit the case as provided for in Article 12 hereof, the decision shall state which Rule of Professional Conduct has been violated and which, if any, recommendation made in accordance with Article 4, sub-paragraph (c), of the Regulation on the Establishment of an Institute of Professional Representatives before the European Patent Office, has not been observed. Rule 102 EPC shall apply mutatis mutandis."
Article 2
The amendments to the Additional Rules of Procedure of the Disciplinary Board of Appeal contained in Article 1 of this decision shall enter into force upon entry into force of the revised text of the European Patent Convention in accordance with Article 8 of the Revision Act.
Done at Munich, 24 September 2007
For the Disciplinary Board of Appeal
The Chairman
Peter MESSERLI