1.3 Form and content
Overview
1.3 Form and content
Decisions are to be produced in writing. The same applies to decisions delivered at the end of oral proceedings (see E‑III, 9).
No complete rules can be laid down about the form and content of decisions, which will depend on the requirements of each particular case.
The written decision will contain:
– the names of the parties to the proceedings (applicant, proprietor, opponents) and, if applicable, their representatives;
– the order (operative part), and, if necessary;
– the facts and submissions;
– the reasoning;
– the communication of the possibility of appeal (Rule 111(2)); and
– the signature(s) and the name(s) of the employee(s) responsible.
Even in those cases in which the decision contains no communication of the means of redress, an appeal can be filed if the decision is incorrect, e.g. if the grant was not made on the basis of the documents that the applicant had approved.
If the decision is produced by the employee responsible using a computer, the EPO seal may replace the signature. If it is produced automatically by a computer the employee's name may also be dispensed with (Rule 113(2)).