2.2.2 Decisions

Whether a document constitutes a 'decision' or not depends on the substance of its content and not on its form (J 8/81, OJ 1982, 10; see also J 26/87, OJ 1989, 329; J 13/92, T 263/00 and T 713/02, OJ 2006, 267). It is, therefore, not relevant that the text in question is in the form of a mere letter, nor does it matter if it states "… it is decided" to allow the request. Nor is the fact decisive that the Notice of the Vice-President DG2 dated 28.4.99 uses the wording "Decisions concerning the correction of errors ..." (T 713/02, OJ 2006, 267). A "decision" needs to involve a reasoned choice between legally viable alternatives (T 934/91, OJ 1994, 184).

Notification of the case number and the responsible board of appeal by the registry did not constitute a decision under R. 69(2) EPC 1973 recognising that an appeal was pending (T 371/92, OJ 1995, 324; see also T 1100/97 and T 266/97). See now R. 112 EPC.

Quick Navigation