Article 106 75

Decisions subject to appeal

Art. 104
R. 63, 65, 68, 90

(1) An appeal shall lie from decisions of the Receiving Section, Examining Divisions, Opposition Divisions and the Legal Division. It shall have suspensive effect.

(2) An appeal may be filed against the decision of the Opposition Division even if the European patent has been surrendered or has lapsed for all the designated States.

(3) A decision which does not terminate proceedings as regards one of the parties can only be appealed together with the final decision, unless the decision allows separate appeal.

(4) The apportionment of costs of opposition proceedings cannot be the sole subject of an appeal.

(5) A decision fixing the amount of costs of opposition proceedings cannot be appealed unless the amount is in excess of that laid down in the Rules relating to Fees.

75 See decisions/opinions of the Enlarged Board of Appeal G 1/90, G 1/97, G 1/99, G 1/02, G 3/03 (Annex I).

Cross-reference list
Art. 106(2) R. 98
Art. 106(4), (5) R. 97

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