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The procedure was introduced in Article 112a EPC when the EPC was revised in 2000, to form the so-called "EPC 2000". [1] A petition for review can essentially only be based on a fundamental procedural defect. [1] Its purpose is not to obtain a reconsideration of the application of substantive law, such as points relating to patentability.
The fourth function is to propose the removal from office of a member of the boards of appeal. Under Article 23(1) EPC, a member of the Enlarged Board or of a Board of Appeal may not be removed from office during the five-year term of appointment, other than on serious grounds and if the "Administrative Council, on a proposal from the Enlarged ...
This is a list of decisions and opinions of the Enlarged Board of Appeal of the European Patent Office (EPO) in chronological order of their date of issuance. The list includes decisions under Article 112(1)(a) EPC (following a referral from a Board of Appeal), opinions under Article 112(1)(b) EPC (following a referral from the President of the EPO), "to ensure uniform application of the law ...
An intervener who intervened during appeal proceedings is, however, not treated as appellant, but merely as party as of right within the meaning of Article 107(second sentence) EPC. This has the consequence that, if the sole appellant withdraws their appeal, the appeal cannot continue with only an intervener who intervened during the appeal. [72]
The Guidelines for Examination in the European Patent Office (or, for short, the EPO Guidelines) are general instructions, for the examiners working at the European Patent Office (EPO) as well as for the parties interacting with the EPO, [notes 1] on the practice and procedure at the EPO in the various aspects of the prosecution of European patent applications and European patents.
March 19, 1986, T 51/84 (Coded distinctive mark/Stockburger). [2] The Board held that if a claim focuses solely on procedural steps involved in applying a coded distinctive mark to an object without indicating or presupposing technical means for carrying them out, a process of this kind is excluded from patentability by Article 52(2)(c) and (3) EPC.
In decision J 4/11, the Legal Board of Appeal held that "An application which has been deemed to be withdrawn for non-payment of a renewal fee is not pending within the meaning of Rule 25(1) EPC 1973 in the period for filing a request for re-establishment of rights under Article 122 EPC 1973 in respect of such non-payment or in the period after ...
According to the case law of the Boards of Appeal, if a European patent contains a feature that was not disclosed in the application as filed (in contravention of Article 123(2) EPC) and if the removal of this feature would extend the scope of protection beyond the scope conferred by the patent as granted (in contravention of Article 123(3) EPC ...