Chapter III – The European Patent Office
Article 2323
Independence of the members of the Boards
(1) The members of the Enlarged Board of Appeal and of the Boards of Appeal shall be appointed for a term of five years and may not be removed from office during this term, except if there are serious grounds for such removal and if the Administrative Council, on a proposal from the Enlarged Board of Appeal, takes a decision to this effect. Notwithstanding sentence 1, the term of office of members of the Boards shall end if they resign or are retired in accordance with the Service Regulations for permanent employees of the European Patent Office.
(2) The members of the Boards may not be members of the Receiving Section, Examining Divisions, Opposition Divisions or Legal Division.
(3)24 In their decisions the members of the Boards shall not be bound by any instructions and shall comply only with the provisions of this Convention.
(4)25 The Rules of Procedure of the Boards of Appeal and the Enlarged Board of Appeal shall be adopted in accordance with the Implementing Regulations. They shall be subject to the approval of the Administrative Council.
23Amended by the Act revising the European Patent Convention of 29.11.2000.
24See decision of the Enlarged Board of Appeal G 2/06 (Annex I).
25See the Rules of Procedure of the Boards of Appeal, last amendments approved by decisiondecisions of the Administrative Council CA/D 5/19 of 26.06.2019 (OJ EPO 2019, A63) and CA/D 3/21 of 23.03.2021 (OJ EPO 2021, A19) and the Rules of Procedure of the Enlarged Board of Appeal, last amendments approved by decision of the Administrative Council CA/D 3/15 of 25.03.2015 (OJ EPO 2015, A35).
See decision of the Enlarged Board of Appeal G 6/95 (Annex I).