Chapter XII – Appeals
A revised version of this publication entered into force. |
Notice of appeal must be filed with the EPO within two months of the date of notification of the decision appealed from. It must contain the name and the address of the appellant as provided in Rule 41(2)(c), an indication of the decision impugned and a request defining the subject of the appeal.
The notice is not deemed to have been filed until after the fee for appeal has been paid in the amount laid down in the Rules relating to Fees under the EPC. For appeals filed on or after 1 April 2018 by natural persons and entities referred to in Rule 6(4) and (5), i.e. small and medium-sized enterprises, non-profit organisations, universities and public research organisations, a reduced fee for appeal is payable, provided that a declaration of entitlement is filed at the latest by the time of payment of the reduced fee (see the notice from the EPO dated 18 December 2017, OJ EPO 2018, A5).
Within four months after the date of notification of the decision, a written statement setting out the grounds of appeal must be filed. In the statement of grounds of appeal, the appellant must indicate the reasons for setting aside the impugned decision or the extent to which it is to be amended and the facts and evidence on which the appeal is based.