4.5. ‍‍Article 112a(2)(e) EPC – criminal act having an impact on a decision

Under Art. 112a(2)(e) EPC, a petition for review may be based on the ground that a criminal act may have had an impact on a decision. A competent court or authority must have finally established that the criminal act occurred; a conviction is not necessary (R. 105 EPC). Deviating from the general rule, the time limit for filing the petition is two months after the criminal act has been established, and in any event not later than five years after notification of the decision (Art. 112a(4) EPC).

In R 2/10 the petitioner referred to alleged criminal acts which had, however, not been established by a criminal court or authority. The Enlarged Board rejected the petition as clearly inadmissible, due to failure to observe the time-limit for filing the petition.