6.2.4 Suspected partiality of the Chairman of the Enlarged Board of Appeal who at the same time was Vice-President of Directorate-General 3 (VP3)

Previously, the Boards of Appeal, together with their administrative services, were integrated into the organisational structure of the European Patent Office as a Directorate-General (DG3) directed by a Vice-President (VP3). For the case law relevant to the previous structure of the Boards of Appeal, in particular R 19/12 of 25 April 2014 date: 2014-04-25, R 2/14 of 17 February 2015 date: 2015-02-17, and R 8/13 of 20 March 2015 date: 2015-03-20, see Case Law of the Boards of Appeal, 9^th Edition, 2019, III.J.6.2.3.

Following a structural reform in 2016 (see Annual Report of the EPO 2016), the Boards of Appeal are now organised as a separate unit directed by the President of the Boards of Appeal (see Supplementary Publication 1, OJ 2017). The President of the Boards of Appeal also serves as the Chairman of the Enlarged Board of Appeal. For more information on the current structure of the Boards of Appeal, see chapter VII.1.1. "The judiciary of the European Patent Organisation".