2.5.2 Form and content of notice of appeal (Rule 99(1) EPC)

R. 99(1) EPC defines the content of the notice of appeal to be filed within the period specified in Art. 108 EPC, taking up the requirements mentioned in R. 64(a) and (b) EPC 1973. Under R. 99(1) EPC the notice of appeal shall contain, under R. 99(1)(a) EPC, the name and address of the appellant, under R. 99(1)(b) EPC an indication of the decision impugned and under R. 99(1)(c) EPC, a request defining the subject of the appeal.

However, under R. 64(b) EPC 1973, the appellant already had to include in the notice of appeal a statement identifying the extent to which amendment of the impugned decision was requested. This rarely presented a problem in appeals filed by an opponent; as a rule, an opponent would request that the decision impugned be set aside and the patent revoked (partially or in its entirety). However, where the appellant is the patent proprietor, the amended claims are nearly always filed with the statement of grounds of appeal, and it is only then that the precise nature of the requested amendment of the decision impugned becomes apparent. Consequently, this requirement has been moved to R. 99(2) EPC, which defines the content of the statement of grounds of appeal; before, this had been left to board of appeal case law under Art. 108, third sentence, EPC 1973.

The requirement of R. 99(1)(c) EPC takes into account the fact that the appellant's initial request, according to G 9/92 and G 4/93 (OJ 1994, 875) and G 1/99 (OJ 2001, 381) defines the subject of the appeal and thereby the framework of the appeal proceedings.

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