XV. STRUCTURAL REFORM OF THE BOARDS OF APPEAL
XV.2 - Act of Delegation
Originally published in OJ EPO 2018, A63:
Delegation of functions and powers from the President of the European Patent Office to the President of the Boards of Appeal
The President of the European Patent Office,
having regard to the European Patent Convention (hereinafter referred to as "EPC") and in particular Articles 10(2)(i), 11(3) and (5), 48(1) and 23 thereof,
having regard to Rule 12a of the Implementing Regulations to the EPC,
having regard to the Decision setting up a Boards of Appeal Committee,
having regard to the contract concerning the appointment and terms of employment of Mr Carl Josefsson as President of the Boards of Appeal of the European Patent Office dated 6 February 2017 and in particular Article 1(1) thereof,
has decided as follows:
Article 1
The President of the European Patent Office delegates to the President of the Boards of Appeal, Mr Carl Josefsson, his functions and powers under Articles 10(2)(a), (e), (f) and (h), 11(3) and (5) and 48(1) EPC in so far as they relate to the Boards of Appeal Unit and its staff, including the members and Chairmen of the Boards of Appeal and of the Enlarged Board of Appeal.
Article 2
In exercising these delegated functions and powers, the President of the Boards of Appeal shall observe the EPC, in particular Article 23, have regard to the interests of the European Patent Office and its regulatory framework and comply with the budget as adopted by the Administrative Council.
Article 3
The delegation under Article 1 above is subject to the following conditions and exceptions:
(a) information to the public within the meaning of Article 10(2)(a) EPC which relates to the Boards of Appeal and the Enlarged Board of Appeal shall be provided in close co-operation with the President of the European Patent Office;
(b) the President of the European Patent Office shall be given the opportunity to comment on the management report drawn up on the Boards of Appeal Unit under Article 10(2)(e) EPC, before it is submitted to the Administrative Council;
(c) the delegation does not cover the right of proposal or consultation laid down in Article 11(3) EPC in so far as it relates to the appointment or reappointment of the Chairman of the Enlarged Board of Appeal.
Article 4
As a last resort, in exceptional circumstances and based on detailed reasons, this Act of Delegation may be revoked by the President of the European Patent Office in close cooperation with the Administrative Council.
Article 5
This Act of Delegation enters into force on 1 March 2017 when the President of the Boards of Appeal takes up his duties. It shall be published in the Official Journal of the European Patent Office.
Done at Munich, 1 July 2018
António CAMPINOS
President of the European Patent Office