Communications from the Boards of Appeal

2019

9.5.2019
Oral proceedings in case G 2/19

The Enlarged Board of Appeal has summoned the parties in case G 2/19, “Recht auf mündliche Verhandlung bei ersichtlich unzulässiger Beschwerde und rechtliches Gehör am richtigen Ort”, to oral proceedings on 16 July 2019 in the Isar building

2.5.2019
Judicial internships at the Boards of Appeal

The Boards of Appeal offer a limited number of internship places for national judges of the EPC contracting states. For details of the programme see...

30.4.2019
Boards of Appeal Annual Report 2018 is published today

The Boards of Appeal again increased their performance in 2018. From 1 January 2017 to 31 December 2018, the number of technical cases settled increased by 22.6% and productivity (i.e. cases settled with action divided by technical member capacity) by 18%.

5.2.2019
Written decision in case T 1063/18 on the patentability of plants issued

Technical Board of Appeal 3.3.04, in an enlarged composition consisting of three technically and two legally qualified members, decided that Rule 28(2) EPC was in conflict with Article 53(b) EPC as interpreted by the Enlarged Board of Appeal in decisions G 2/12 and G 2/13.

24.1.2019
Filing notice of appeal on paper: new form available

A new form (EPO Form 3002) has been created for parties choosing to file notice of appeal on paper. The form, which is optional, is designed to help parties avoid typical mistakes when filing the notice of appeal. In particular, it indicates the information to be provided so that the minimum requirements for the content of the notice of appeal under Rule 99(1) EPC are met.

2018

14.12.2018
Revision of the Rules of Procedure of the Boards of Appeal - Report on the user consultation conference in Munich on 5 December 2018

The aim of the revision of the RPBA is to improve the appeal procedure in terms of predictability, consistency, efficiency, legal security and duration.

29.10.2018
Revised draft of the Rules of Procedure of the Boards of Appeal

The revised draft of the Rules of Procedure of the Boards of Appeal (RPBA) agreed upon by Boards of Appeal Committee (BOAC) and the President of the Boards of Appeal is now available in English

15.10.2018
Communication from the Enlarged Board of Appeal concerning case G 1/18

In accordance with Article 112(1)(b) EPC, the President of the European Patent Office has referred the following point of law to the Enlarged Board of Appeal: If notice of appeal is filed and/or the appeal fee [ 1 ] is paid after expiry of the two-month time limit under Article 108 EPC, is the appeal inadmissible or is it deemed not to have been filed, and must the appeal fee be reimbursed?

11.10.2018
Oral proceedings in case T 1063/18 on 5 December 2018

The proceedings in case T 1063/18 concern the appeal of the patent applicant against the decision of an examining division to refuse the European patent application No. 12 756 468.0 (publication No. EP 2 753 168) for the sole reason that the claimed subject-matter falls within the exception to patentability according to Article 53(b) and Rule 28(2) EPC

9.10.2018
User consultation conference on the Rules of Procedure of the Boards of Appeal

At the "User consultation conference", users of the system will have the opportunity to hear presentations and panel discussions on the revised public draft of the RPBA.

25.6.2018
Referral to the Enlarged Board of Appeal – ref. No. G 1/18

The President of the European Patent Office has referred a point of law concerning the interpretation of Article 108 EPC to the Enlarged Board of Appeal.

18.4.2018
Boards of Appeal Annual report 2017 is published today

The Boards of Appeal increased their performance in 2017. The number of technical cases settled increased by 2.5%, and the number of technical cases on which the Boards started work rose by 12.4% (in terms of first communications issued).

2017

18.12.2017
EPO Enlarged Board of Appeal clarifies standard for examining “undisclosed disclaimers”

The Enlarged Board of Appeal today issued decision G 1/16 on the allowability of undisclosed disclaimers introduced into a patent claim. The decision concerns three questions of law referred to the Enlarged Board, which constitutes the highest level of judicial authority at the EPO.

15.12.2017
Official inauguration of the new building for the Boards of Appeal

The new building for the Boards of Appeal Unit of the EPO in Haar, Munich, was officially inaugurated yesterday.

9.10.2017
New website of the Boards of Appeal of the European Patent Office

The website gives easy access to the searchable database of the decisions of the Enlarged Board of Appeal, the Legal Board of Appeal and the Technical Boards of Appeal, and to important texts relating to the appeal procedure, such as the Rules of Procedure of the Boards of Appeal (RPBA).

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