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Section 2 – Organisation of the Boards of Appeal and the Enlarged Board of Appeal

Overview

Rule 1210
(deleted)Presidium of the Boards of Appeal

16th edition: this version presents the text in force on 1 July 2020.

(1) 10The autonomous authority within the organisational unit comprising the Boards of Appeal (the "Presidium of the Boards of Appeal") shall consist of the Vice-President in charge of the Boards of Appeal, who shall act as chairman, and twelve members of the Boards of Appeal, six being Chairmen and six being other members.

(2) All members of the Presidium shall be elected by the Chairmen and members of the Boards of Appeal for two working years. If the full composition of the Presidium cannot be reached, the vacancies shall be filled by designating the most senior Chairmen and members.

(3) 11The Presidium shall adopt the Rules of Procedure of the Boards of Appeal and the Rules of Procedure for the election and designation of its members. The Presidium shall further advise the Vice-President in charge of the Boards of Appeal with regard to matters concerning the functioning of the Boards of Appeal in general.

(4) 12Before the beginning of each working year, the Presidium, extended to include all Chairmen, shall allocate duties to the Boards of Appeal. In the same composition, it shall decide on conflicts regarding the allocation of duties between two or more Boards of Appeal. The extended Presidium shall designate the regular and alternate members of the various Boards of Appeal. Any member of a Board of Appeal may be designated as a member of more than one Board of Appeal. These measures may, where necessary, be amended during the course of the working year in question.

(5) The Presidium may only take a decision if at least five of its members are present; these must include the Vice-President in charge of the Boards of Appeal or his deputy, and the Chairmen of two Boards of Appeal. Where the tasks mentioned in paragraph 4 are concerned, nine members must be present, including the Vice-President in charge of the Boards of Appeal or his deputy, and the Chairmen of three Boards of Appeal. Decisions shall be taken by a majority vote; in the event of parity of votes, the Chairman or his deputy shall have the casting vote. Abstentions shall not be considered as votes.

(6) The Administrative Council may allocate duties under Article 134a, paragraph 1(c), to the Boards of Appeal.

10Deleted by decision of the Administrative Council CA/D 6/16 of 30.06.2016 (OJ EPO 2016, A100), entered into force on 01.07.2016.
9See decision of the Enlarged Board of Appeal G 6/95 (Annex I).

10See the notice concerning the composition of the Presidium of the Boards of Appeal (Supplement to OJ EPO 1/2013, 1).

11See the Rules of Procedure of the Boards of Appeal, last amendments approved by decision of the Administrative Council CA/D 35/07 of 25.10.2007 (OJ EPO 2007, 536). See also the Decision of the Presidium of the Boards of Appeal dated 12.11.2007 concerning the transfer of functions to the Registrars of the Boards of Appeal (Supplement to OJ EPO 1/2008, 49).

12See the business distribution schemes of the Boards of Appeal for the year 2013 (Supplement to OJ EPO 1/2013, 10).

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