VI.1 - Transfer of tasks to the Registry of the Enlarged Board of Appeal
Originally published in OJ EPO 2008, Supplement 1, 34:
Decision of the Enlarged Board of Appeal dated 12 November 2007 concerning the transfer of tasks to the Registry of the Enlarged Board of Appeal
The Enlarged Board of Appeal,
in accordance with Article 6, paragraph 2, of the present Rules of Procedure of the Enlarged Board of Appeal,
hereby decides the following transfer of functions to the Registry of the Enlarged Board of Appeal:
Transfer of tasks
(1) Pursuant to Article 6(2) of the Rules of Procedure of the Enlarged Board of Appeal, the tasks set out in Article 2 shall be entrusted to the Registry of the Enlarged Board of Appeal.
(2) The transfer of a task effected by the present decision shall not prejudice the competence of the Enlarged Board of Appeal to take decisions itself.
The following tasks shall be entrusted to the Registry of the Enlarged Board of Appeal:
(1) Communication to the appellant that the petition for review will probably be rejected as inadmissible under Rule 108(1) EPC, because it does not comply with Article 112a(4), second sentence, or Rule 107(1)(b);
(2) Communication to the petitioner that the petition for review does not comply with Rule 107(1)(a) EPC and invitation to remedy the deficiencies noted (Rule 108(2) EPC);
(3) Inviting the party concerned to sign an unsigned document and specifying a time limit for doing so (Rule 50(3) EPC);
(4) Examining whether a representative has been appointed in the prescribed manner, and examining authorisations; related invitations;
(5) Communication of loss of rights under Rule 112(1) EPC;
(6) Informing the party concerned under the final part of the second sentence in Rule 112(2) EPC;
(7) Communications under Article 11 of the Rules of Procedure of the Enlarged Board of Appeal;
(8) Setting the time limit for filing the reply to the petition for review as directed by the Board;
(9) Communication of the Board's decision to extend a time limit;
(10) Requesting the parties to file documents as directed by the Board;
(11) Communication of documents to the parties to the proceedings;
(12) Informing the parties pursuant to Article 2(6) of the Rules of Procedure of the Enlarged Board of Appeal;
(13) Notification according to Article 119 in conjunction with Rules 125 to 130 EPC and examination of proof of notification;
(14) Summons to oral proceedings under Rule 115(1) EPC as directed by the Chairman;
(15) Summons to give evidence under Rule 118(2) EPC as directed by the Chairman;
(16) Making arrangements for interpretation pursuant to Article 15 of the Rules of Procedure of the Enlarged Board of Appeal;
(17) Issuing instructions for fees to be reimbursed in cases in which no order by the Board to that effect is required;
(18) Granting file inspection where Article 128(3) and (4) EPC applies;
(19) Communication of information contained in the files under Rule 146 EPC.
Entry into force
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 on 12 November 2007
For the Enlarged Board of Appeal