Pages 441-442

L. PCT

L.6 Lack of unity

Decision of the President of the European Patent Office dated 9 June 2015 providing for review panels for the implementation of the protest and review procedures under the PCT

OJ EPO 2015, A59

The President of the European Patent Office, having regard to Article 10 and Rule 11(2) EPC, Rules 40.2(c) to (e), 45bis.6(c) to (e) and 68.3(c) to (e) PCT, and Rule 158(3) EPC, has decided as follows:

Article 1

Review panel

(1) The examination of a protest under Rule 40.2(c) or 68.3(c) PCT and Rule 158(3) EPC, and the examination of a request for review under Rule 45bis.6(c) PCT, shall be carried out by a review panel consisting of three examiners, one of whom shall chair the panel and another of whom shall be the examiner who was responsible for issuing the invitation to pay additional fees under Articles 17(3)(a) and 34(3)(a) PCT or the supplementary international search report (SISR) containing the notification under Rule 45bis.6(a)(ii) PCT.

(2) The decision of the review panel shall indicate the panel's composition.

Article 2

Entry into force

(1) This decision shall enter into force on 1 July 2015 and, subject to paragraph 2, apply to all international patent applications filed on or after that date or pending on that date.

(2) The decision dated 25 August 1992 providing for review panels for the implementation of the protest procedure under the PCT (OJ EPO 1992, 547) shall continue to apply to all international patent applications filed before 13 December 2007.1

Article 3

Previous decision superseded

On entry into force of this decision, the decision of the President of the European Patent Office dated 24 March 2010 providing for review panels for the implementation of the protest and review procedures under the PCT (OJ EPO 2010, 320) shall cease to have effect.

Done at Munich, 9 June 2015

Benoît BATTISTELLI

President