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Chapter I – Appeals procedure

Overview

European Patent Convention
Preamble
Part I – General and institutional provisions
Chapter I – General provisions
Article 1 – European law for the grant of patents
Article 2 – European patent
Article 3 – Territorial effect
Article 4 – European Patent Organisation
Article 4a – Conference of ministers of the Contracting States
Chapter II – The European Patent Organisation
Article 5 – Legal status
Article 6 – Headquarters
Article 7 – Sub-offices of the European Patent Office
Article 8 – Privileges and immunities
Article 9 – Liability
Chapter III – The European Patent Office
Article 10 – Management
Article 11 – Appointment of senior employees
Article 12 – Duties of office
Article 13 – Disputes between the Organisation and the employees of the European Patent Office
Article 14 – Languages of the European Patent Office, European patent applications and other documents
Article 15 – Departments entrusted with the procedure
Article 16 – Receiving Section
Article 17 – Search Divisions
Article 18 – Examining Divisions
Article 19 – Opposition Divisions
Article 20 – Legal Division
Article 21 – Boards of Appeal
Article 22 – Enlarged Board of Appeal
Article 23 – Independence of the members of the Boards
Article 24 – Exclusion and objection
Article 25 – Technical opinion
Chapter IV – The Administrative Council
Article 26 – Membership
Article 27 – Chairmanship
Article 28 – Board
Article 29 – Meetings
Article 30 – Attendance of observers
Article 31 – Languages of the Administrative Council
Article 32 – Staff, premises and equipment
Article 33 – Competence of the Administrative Council in certain cases
Article 34 – Voting rights
Article 35 – Voting rules
Article 36 – Weighting of votes
Chapter V – Financial provisions
Article 37 – Budgetary funding
Article 38 – The Organisation's own resources
Article 39 – Payments by the Contracting States in respect of renewal fees for European patents
Article 40 – Level of fees and payments – Special financial contributions
Article 41 – Advances
Article 42 – Budget
Article 43 – Authorisation for expenditure
Article 44 – Appropriations for unforeseeable expenditure
Article 45 – Accounting period
Article 46 – Preparation and adoption of the budget
Article 47 – Provisional budget
Article 48 – Budget implementation
Article 49 – Auditing of accounts
Article 50 – Financial Regulations
Article 51 – Fees
Part II – Substantive patent law
Chapter I – Patentability
Article 52 – Patentable inventions
Article 53 – Exceptions to patentability
Article 54 – Novelty
Article 55 – Non-prejudicial disclosures
Article 56 – Inventive step
Article 57 – Industrial application
Chapter II – Persons entitled to apply for and obtain a European patent – Mention of the inventor
Article 58 – Entitlement to file a European patent application
Article 59 – Multiple applicants
Article 60 – Right to a European patent
Article 61 – European patent applications filed by non-entitled persons
Article 62 – Right of the inventor to be mentioned
Chapter III – Effects of the European patent and the European patent application
Article 63 – Term of the European patent
Article 64 – Rights conferred by a European patent
Article 65 – Translation of the European patent
Article 66 – Equivalence of European filing with national filing
Article 67 – Rights conferred by a European patent application after publication
Article 68 – Effect of revocation or limitation of the European patent
Article 69 – Extent of protection
Article 70 – Authentic text of a European patent application or European patent
Chapter IV – The European patent application as an object of property
Article 71 – Transfer and constitution of rights
Article 72 – Assignment
Article 73 – Contractual licensing
Article 74 – Law applicable
Part III – The European patent application
Chapter I – Filing and requirements of the European patent application
Article 75 – Filing of a European patent application
Article 76 – European divisional applications
Article 77 – Forwarding of European patent applications
Article 78 – Requirements of a European patent application
Article 79 – Designation of Contracting States
Article 80 – Date of filing
Article 81 – Designation of the inventor
Article 82 – Unity of invention
Article 83 – Disclosure of the invention
Article 84 – Claims
Article 85 – Abstract
Article 86 – Renewal fees for the European patent application
Chapter II – Priority
Article 87 – Priority right
Article 88 – Claiming priority
Article 89 – Effect of priority right
Part IV – Procedure up to grant
Article 90 – Examination on filing and examination as to formal requirements
Article 91 – (deleted)
Article 92 – Drawing up of the European search report
Article 93 – Publication of the European patent application
Article 94 – Examination of the European patent application
Article 95 – (deleted)
Article 96 – (deleted)
Article 97 – Grant or refusal
Article 98 – Publication of the specification of the European patent
Part V – Opposition and limitation procedure
Article 99 – Opposition
Article 100 – Grounds for opposition
Article 101 – Examination of the opposition – Revocation or maintenance of the European patent
Article 102 – (deleted)
Article 103 – Publication of a new specification of the European patent
Article 104 – Costs
Article 105 – Intervention of the assumed infringer
Article 105a – Request for limitation or revocation
Article 105b – Limitation or revocation of the European patent
Article 105c – Publication of the amended specification of the European patent
Part VI – Appeals procedure
Article 106 – Decisions subject to appeal
Article 107 – Persons entitled to appeal and to be parties to appeal proceedings
Article 108 – Time limit and form
Article 109 – Interlocutory revision
Article 110 – Examination of appeals
Article 111 – Decision in respect of appeals
Article 112 – Decision or opinion of the Enlarged Board of Appeal
Article 112a – Petition for review by the Enlarged Board of Appeal
Part VII – Common provisions
Chapter I – Common provisions governing procedure
Article 113 – Right to be heard and basis of decisions
Article 114 – Examination by the European Patent Office of its own motion
Article 115 – Observations by third parties
Article 116 – Oral proceedings
Article 117 – Means and taking of evidence
Article 118 – Unity of the European patent application or European patent
Article 119 – Notification
Article 120 – Time limits
Article 121 – Further processing of the European patent application
Article 122 – Re-establishment of rights
Article 123 – Amendments
Article 124 – Information on prior art
Article 125 – Reference to general principles
Article 126 – (deleted)
Chapter II – Information to the public or to official authorities
Article 127 – European Patent Register
Article 128 – Inspection of files
Article 129 – Periodical publications
Article 130 – Exchange of information
Article 131 – Administrative and legal co-operation
Article 132 – Exchange of publications
Chapter III – Representation
Article 133 – General principles of representation
Article 134 – Representation before the European Patent Office
Article 134a – Institute of Professional Representatives before the European Patent Office
Part VIII – Impact on national law
Chapter I – Conversion into a national patent application
Article 135 – Request for conversion
Article 136 – (deleted)
Article 137 – Formal requirements for conversion
Chapter II – Revocation and prior rights
Article 138 – Revocation of European patents
Article 139 – Prior rights and rights arising on the same date
Chapter III – Miscellaneous effects
Article 140 – National utility models and utility certificates
Article 141 – Renewal fees for European patents
Part IX – Special agreements
Article 142 – Unitary patents
Article 143 – Special departments of the European Patent Office
Article 144 – Representation before special departments
Article 145 – Select committee of the Administrative Council
Article 146 – Cover for expenditure for carrying out special tasks
Article 147 – Payments in respect of renewal fees for unitary patents
Article 148 – The European patent application as an object of property
Article 149 – Joint designation
Article 149a – Other agreements between the Contracting States
Part X – International applications under the Patent Cooperation Treaty – Euro-PCT applications
Article 150 – Application of the Patent Cooperation Treaty
Article 151 – The European Patent Office as a receiving Office
Article 152 – The European Patent Office as an International Searching Authority or International Preliminary Examining Authority
Article 153 – The European Patent Office as designated Office or elected Office
Article 154 – (deleted)
Article 155 – (deleted)
Article 156 – (deleted)
Article 157 – (deleted)
Article 158 – (deleted)
Part XI – Transitional provisions
Part XII – Final provisions
Article 164 – Implementing Regulations and Protocols
Article 165 – Signature – Ratification
Article 166 – Accession
Article 167 – (deleted)
Article 168 – Territorial field of application
Article 169 – Entry into force
Article 170 – Initial contribution
Article 171 – Duration of the Convention
Article 172 – Revision
Article 173 – Disputes between Contracting States
Article 174 – Denunciation
Article 175 – Preservation of acquired rights
Article 176 – Financial rights and obligations of former Contracting States
Article 177 – Languages of the Convention
Article 178 – Transmission and notifications
Implementing Regulations
Part I – Implementing Regulations to Part I of the Convention
Chapter I – General provisions
Rule 1 – Written proceedings
Rule 2 – Filing of and formal requirements for documents
Rule 3 – Language in written proceedings
Rule 4 – Language in oral proceedings
Rule 5 – Certification of translations
Rule 6 – Filing of translations
Rule 7 – Legal authenticity of the translation of the European patent application
Rule 7a – Reduction of fees
Rule 7b – Declaration of eligibility for a reduction of fees
Chapter II – Organisation of the European Patent Office
Section 1 – General matters
Rule 8 – Patent classification
Rule 9 – Administrative structure of the European Patent Office
Rule 10 – Responsibility of the Receiving Section and the Examining Division
Rule 11 – Allocation of duties to the departments of first instance
Section 2 – Organisation of the Boards of Appeal and the Enlarged Board of Appeal
Rule 12 – (deleted)
Rule 12a – Organisation and management of the Boards of Appeal Unit and President of the Boards of Appeal
Rule 12b – Presidium of the Boards of Appeal and business distribution scheme for the Boards of Appeal
Rule 12c – Boards of Appeal Committee and procedure for adoption of the Rules of Procedure of the Boards of Appeal and of the Enlarged Board of Appeal
Rule 12d – Appointment and re-appointment of the members, including the Chairs, of the Boards of Appeal and of the Enlarged Board of Appeal
Rule 13 – Business distribution scheme for the Enlarged Board of Appeal
Part II – Implementing Regulations to Part II of the Convention
Chapter I – Procedure where the applicant is not entitled
Rule 14 – Stay of proceedings
Rule 15 – Limitation on withdrawals
Rule 16 – Procedure under Article 61, paragraph 1
Rule 17 – Filing of a new European patent application by the entitled person
Rule 18 – Partial transfer of the right to the European patent
Chapter II – Mention of the inventor
Rule 19 – Designation of the inventor
Rule 20 – Publication of the mention of the inventor
Rule 21 – Rectification of the designation of an inventor
Chapter III – Registration of transfers, licences and other rights
Rule 22 – Registration of transfers
Rule 23 – Registration of licences and other rights
Rule 24 – Special entries for licence registrations
Chapter IV – Certificate of exhibition
Rule 25 – Certificate of exhibition
Chapter V – Biotechnological inventions
Rule 26 – General and definitions
Rule 27 – Patentable biotechnological inventions
Rule 28 – Exceptions to patentability
Rule 29 – The human body and its elements
Rule 30 – Requirements of European patent applications relating to nucleotide and amino acid sequences
Rule 31 – Deposit of biological material
Rule 32 – Expert solution
Rule 33 – Availability of biological material
Rule 34 – New deposit of biological material
Part III – Implementing Regulations to Part III of the Convention
Chapter I – Filing of the European patent application
Rule 35 – General provisions
Rule 36 – European divisional applications
Rule 37 – Forwarding of European patent applications
Rule 38 – Filing fee and search fee
Rule 39 – Designation fees and deemed withdrawal
Rule 40 – Date of filing
Chapter II – Provisions governing the application
Rule 41 – Request for grant
Rule 42 – Content of the description
Rule 43 – Form and content of claims
Rule 44 – Unity of invention
Rule 45 – Claims incurring fees
Rule 46 – (deleted)
Rule 47 – Form and content of the abstract
Rule 48 – Prohibited matter
Rule 49 – Presentation of the application documents
Rule 50 – Documents filed subsequently
Chapter III – Renewal fees
Rule 51 – Payment of renewal fees
Chapter IV – Priority
Rule 52 – Declaration of priority
Rule 53 – Priority documents
Rule 54 – Issuing priority documents
Part IV – Implementing Regulations to Part IV of the Convention
Chapter I – Examination by the Receiving Section
Rule 55 – Examination on filing
Rule 56 – Missing parts of the description or missing drawings
Rule 56a – Erroneously filed application documents or parts
Rule 57 – Examination as to formal requirements
Rule 58 – Correction of deficiencies in the application documents
Rule 59 – Deficiencies in claiming priority
Rule 60 – Subsequent designation of the inventor
Chapter II – European search report
Rule 61 – Content of the European search report
Rule 62 – Extended European search report
Rule 62a – Applications containing a plurality of independent claims
Rule 63 – Incomplete search
Rule 64 – European search report where the invention lacks unity
Rule 65 – Transmittal of the European search report
Rule 66 – Definitive content of the abstract
Chapter III – Publication of the European patent application
Rule 67 – Technical preparations for publication
Rule 68 – Form of the publication of European patent applications and European search reports
Rule 69 – Information about publication
Rule 70 – Request for examination
Chapter IV – Examination by the Examining Division
Rule 70a – Response to the extended European search report
Rule 70b – Request for a copy of search results
Rule 71 – Examination procedure
Rule 71a – Conclusion of the grant procedure
Rule 72 – Grant of the European patent to different applicants
Chapter V – The European patent specification
Rule 73 – Content and form of the specification
Rule 74 – Certificate for a European patent
Part V – Implementing Regulations to Part V of the Convention
Chapter I – Opposition procedure
Rule 75 – Surrender or lapse of the patent
Rule 76 – Form and content of the opposition
Rule 77 – Rejection of the opposition as inadmissible
Rule 78 – Procedure where the proprietor of the patent is not entitled
Rule 79 – Preparation of the examination of the opposition
Rule 80 – Amendment of the European patent
Rule 81 – Examination of opposition
Rule 82 – Maintenance of the European patent in amended form
Rule 83 – Request for documents
Rule 84 – Continuation of the opposition proceedings by the European Patent Office of its own motion
Rule 85 – Transfer of the European patent
Rule 86 – Documents in opposition proceedings
Rule 87 – Content and form of the new specification of the European patent
Rule 88 – Costs
Rule 89 – Intervention of the assumed infringer
Chapter II – Procedure for limitation or revocation
Rule 90 – Subject of proceedings
Rule 91 – Responsibility for proceedings
Rule 92 – Requirements of the request
Rule 93 – Precedence of opposition proceedings
Rule 94 – Rejection of the request as inadmissible
Rule 95 – Decision on the request
Rule 96 – Content and form of the amended European patent specification
Part VI – Implementing Regulations to Part VI of the Convention
Chapter I – Appeals procedure
Rule 97 – Appeal against apportionment and fixing of costs
Rule 98 – Surrender or lapse of the patent
Rule 99 – Content of the notice of appeal and the statement of grounds
Rule 100 – Examination of appeals
Rule 101 – Rejection of the appeal as inadmissible
Rule 102 – Form of decision of the Board of Appeal
Rule 103 – Reimbursement of appeal fees
Chapter II – Petitions for review by the Enlarged Board of Appeal
Rule 104 – Further fundamental procedural defects
Rule 105 – Criminal acts
Rule 106 – Obligation to raise objections
Rule 107 – Contents of the petition for review
Rule 108 – Examination of the petition
Rule 109 – Procedure in dealing with petitions for review
Rule 110 – Reimbursement of the fee for petitions for review
Part VII – Implementing Regulations to Part VII of the Convention
Chapter I – Decisions and communications of the European Patent Office
Rule 111 – Form of decisions
Rule 112 – Noting of loss of rights
Rule 113 – Signature, name, seal
Chapter II – Observations by third parties
Rule 114 – Observations by third parties
Chapter III – Oral proceedings and taking of evidence
Rule 115 – Summons to oral proceedings
Rule 116 – Preparation of oral proceedings
Rule 117 – Decision on taking of evidence
Rule 118 – Summons to give evidence before the European Patent Office
Rule 119 – Examination of evidence before the European Patent Office
Rule 120 – Hearing by a competent national court
Rule 121 – Commissioning of experts
Rule 122 – Costs of taking of evidence
Rule 123 – Conservation of evidence
Rule 124 – Minutes of oral proceedings and of taking of evidence
Chapter IV – Notifications
Rule 125 – General provisions
Rule 126 – Notification by postal services
Rule 127 – Notification by means of electronic communication
Rule 128 – Notification by delivery by hand
Rule 129 – Public notification
Rule 130 – Notification to representatives
Chapter V – Time limits
Rule 131 – Calculation of periods
Rule 132 – Periods specified by the European Patent Office
Rule 133 – Late receipt of documents
Rule 134 – Extension of periods
Rule 135 – Further processing
Rule 136 – Re-establishment of rights
Chapter VI – Amendments and corrections
Rule 137 – Amendment of the European patent application
Rule 138 – Different claims, description and drawings for different States
Rule 139 – Correction of errors in documents filed with the European Patent Office
Rule 140 – Correction of errors in decisions
Chapter VII – Information on prior art
Rule 141 – Information on prior art
Chapter VIII – Interruption of proceedings
Rule 142 – Interruption of proceedings
Chapter IX – Information to the public
Rule 143 – Entries in the European Patent Register
Rule 144 – Parts of the file excluded from inspection
Rule 145 – Procedures for the inspection of files
Rule 146 – Communication of information contained in the files
Rule 147 – Constitution, maintenance and preservation of files
Chapter X – Legal and administrative co-operation
Rule 148 – Communications between the European Patent Office and the authorities of the Contracting States
Rule 149 – Inspection of files by or via courts or authorities of the Contracting States
Rule 150 – Procedure for letters rogatory
Chapter XI – Representation
Rule 151 – Appointment of a common representative
Rule 152 – Authorisations
Rule 153 – Attorney-client evidentiary privilege
Rule 154 – Amendment of the list of professional representatives
Part VIII – Implementing Regulations to Part VIII of the Convention
Rule 155 – Filing and transmission of the request for conversion
Rule 156 – Information to the public in the event of conversion
Part IX – Implementing Regulations to Part X of the Convention
Rule 157 – The European Patent Office as a receiving Office
Rule 158 – The European Patent Office as an International Searching Authority or International Preliminary Examining Authority
Rule 159 – The European Patent Office as a designated or elected Office – Requirements for entry into the European phase
Rule 160 – Consequences of non-fulfilment of certain requirements and deemed withdrawal
Rule 161 – Amendment of the application
Rule 162 – Claims incurring fees
Rule 163 – Examination of certain formal requirements by the European Patent Office
Rule 164 – Unity of invention and further searches
Rule 165 – The Euro-PCT application as conflicting application under Article 54, paragraph 3
Rules relating to Fees
Article 1 – General
Article 2 – Fees provided for in the Convention and in the Implementing Regulations
Article 3 – Fees, expenses and prices laid down by the President of the Office
Article 4 – Due date for fees
Article 5 – Payment of fees
Article 6 – Particulars concerning payments
Article 7 – Date to be considered as the date on which payment is made
Article 8 – Insufficiency of the amount paid
Article 9 – Refund of search fees
Article 10 – Refund of the fee for a technical opinion
Article 11 – Refund of examination fee
Article 12 – Refund of insignificant amounts
Article 13 – Termination of financial obligations
Article 14 – Reduction of fees
Article 15 – Entry into force
Rules of Procedure of the Enlarged Board of Appeal
Rules of Procedure of the Boards of Appeal
Protocol on the Interpretation of Article 69 EPC
Protocol on Centralisation
Protocol on Recognition
Protocol on Privileges and Immunities
Protocol on the Staff Complement
Act revising the European Patent Convention (Revision Act 2000)
Transitional provisions / AC decisions under Art. 7 / Revision Act 2000
Annex I: Index of published decisions/opinions of the Enlarged Board of Appeal
Annex II: Cross-reference index
I. Art. EPC 1973 → Art. / R. EPC 2000
II. R. EPC 1973 → R. EPC 2000
III. IR 2000 → EPC 1973 or IR 1973
IV. ABBREVIATIONS

Rule 100135
Examination of appeals

(1)136 Unless otherwise provided, the provisions relating to proceedings before the department which has taken the decision impugned shall apply to appeal proceedings. 

(2) In the examination of the appeal, the Board of Appeal shall invite the parties, as often as necessary, to file observations, within a period to be specified, on communications issued by itself or observations submitted by another party. 

(3) If the applicant fails to reply in due time to an invitation under paragraph 2, the European patent application shall be deemed to be withdrawn, unless the decision impugned was taken by the Legal Division.

135See decisions of the Enlarged Board of Appeal G 7/91, G 8/91, G 9/91, G 10/91, G 9/92, G 8/93, G 10/93, G 6/95, G 1/99, G 3/99 (Annex I).

136See notice from the Vice-President DG 3 of 17.03.2008 (OJ EPO 2008, 220).See notice of the President of the Boards of Appeal of 31.10.2020 on introducing a consolidated list of documents submitted by parties during inter partes appeal proceedings and on discontinuing the forwarding of cited documents to the other parties (OJ EPO 2020, A131).
See notice of the President of the Boards of Appeal of 01.05.2022 on informing the parties of submissions made by other parties to the proceedings and by third parties (OJ EPO 2022, A57).
See notice from the Boards of Appeal of 19.01.2024 on accelerating proceedings (supplementary publication 1, OJ EPO 2024, 79).

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