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The European Patent Convention – Contents

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

Rules of Procedure of the Boards of Appeal

The Rules of Procedure of the Boards of Appeal,

as approved by decision of the Administrative Council CA/D 5/19 Corr. 1 of 26 June 2019 (OJ EPO 2019, A63),

as last amended by decision of the Administrative Council CA/D 24/23 of 13 December 2023 (OJ EPO 2023, A103) and in force from 1 January 2024,

read as follows:

version applicable as from 1 January 2020

Decision of the Administrative Council of 26 June 2019 approving the revised version of the Rules of Procedure of the Boards of Appeal (CA/D 5/19 Corr. 1)*

THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,

Having regard to the European Patent Convention, and in particular Article 23, paragraph 4, thereof,

Having regard to the revised version of the Rules of Procedure of the Boards of Appeal, adopted by the Boards of Appeal Committee on 4 April 2019 under Rule 12c, paragraph 2, of the Implementing Regulations to the European Patent Convention,

HAS DECIDED AS FOLLOWS:

The revised version of the Rules of Procedure of the Boards of Appeal, as shown in the Annex to this decision, is hereby approved.

Done at Munich, 26 June 2019

For the Administrative Council

The Chairman

Josef KRATOCHVÍL

ANNEX

DECISION

In accordance with Rule 12c, paragraph 2, of the Implementing Regulations to the European Patent Convention, the Boards of Appeal Committee adopts the following revised version of the Rules of Procedure of the Boards of Appeal:

All terms and pronouns referring to persons in these Rules of Procedure apply irrespective of gender.

Article 1
Business distribution and composition

(1) The Presidium referred to in Rule 12b, paragraph 4, EPC, shall before the beginning of each working year draw up a business distribution scheme for the distribution among the Boards of Appeal of all appeals that may be filed during the year, designating the members who may serve on each Board and their respective alternates. The scheme may be amended during the working year.

(2) The Chair (Chairman or Chairwoman) of each Board shall, before the beginning of each working year, draw up a list of the cases in which the Board is likely to hold oral proceedings, issue a communication under Rule 100, paragraph 2, EPC, or issue a decision in written proceedings in that year. The President of the Boards of Appeal shall, before the beginning of each working year, publish the list of each Board.

(3) The Chair of each Board of Appeal shall determine the composition of the Board for each particular case in accordance with the business distribution scheme. The Chair shall designate himself or herself or a technically or legally qualified member as Chair in the particular appeal.

Article 2
Replacement of members

(1) A member or the Chair in a particular appeal shall be replaced if prevented from participating, particularly as a result of sickness, excessive workload, or commitments which cannot be avoided.

(2) A member or the Chair in a particular appeal wishing to be replaced shall inform the Chair of the Board of their unavailability without delay.

Article 3
Exclusion and objection

(1) If a Board has knowledge of a possible reason for exclusion or objection under Article 24 EPC which does not originate from the member concerned or from a party, then the procedure of Article 24, paragraph 4, EPC shall be applied.

(2) The member concerned shall be invited to present comments as to whether there is a reason for exclusion or objection.

(3) Before a decision is taken on the exclusion or objection, there shall be no further proceedings in the case.

Article 4
Procedural compliance

(1) The Chair of the Board shall for each appeal designate a member of the Board, who may also be the Chair of the Board, to consider the admissibility of the appeal.

(2) The Chair in the particular appeal or a member designated by the Chair of the Board shall ensure that the parties comply with these Rules of Procedure and with directions of the Board and shall propose action to be taken as appropriate.

Article 5
Rapporteurs

(1) For each appeal, the Chair of the Board shall designate a technically or legally qualified member of the Board, who may also be the Chair of the Board, as rapporteur. If appropriate in the light of the subject-matter of the case, the Chair of the Board may designate an additional rapporteur. The composition of the Board may be completed at a later stage, in accordance with Article 1, paragraph 3. The steps referred to in paragraphs 4 and 5 may not be taken until the composition of the Board has been completed in accordance with Article 1, paragraph 3.

(2) If an additional rapporteur is appointed, the steps referred to in paragraphs 3 to 5 shall be taken by the rapporteur and additional rapporteur jointly.

(3) The rapporteur shall carry out a preliminary study of the appeal and shall, subject to the direction of the Chair of the Board, assess whether the appeal should be given priority over, or should be treated together with, other appeals assigned to the rapporteur.

(4) The rapporteur shall draft communications on behalf of the Board, subject to the direction of the Chair in the particular appeal, and shall make the preparations for meetings of the Board and for oral proceedings.

(5) The rapporteur shall draft decisions.

(6) A rapporteur or additional rapporteur who considers that their knowledge of the language of the proceedings is insufficient for drafting communications or decisions may draft these in one of the other official languages. The drafts shall be translated by the European Patent Office into the language of the proceedings and the translations shall be checked by the rapporteur or by another member of the Board in the particular appeal.

Article 6
Registries

(1) Registries shall be established for the Boards of Appeal. Registrars shall be responsible for the discharge of the functions of the Registries. One of the Registrars shall be designated as head of the Registry.

(2) The Presidium referred to in Rule 12b, paragraph 1, EPC may entrust to the Registrars the execution of functions which involve no technical or legal difficulties, in particular in relation to arranging for inspection of files, issuing summonses to oral proceedings, notifications and granting requests for further processing of applications.

(3) The Registrar shall report to the Chair of the Board on the admissibility of each newly filed appeal.

(4) The Chair in the particular appeal shall designate a member of the Board or, with the agreement of the Chair of the Board, the Registrar, to draw up the minutes of the oral proceedings and of the taking of evidence.

Article 7
Interpreters

If required, the Chair in the particular appeal shall make arrangements for interpretation during oral proceedings, the taking of evidence or the deliberations of the Board.

Article 8
Change in the composition of a Board

(1) If the composition of a Board is changed after oral proceedings, the parties shall be informed that, at the request of any party, fresh oral proceedings shall be held before the Board in its new composition. Fresh oral proceedings shall also be held if so requested by the new member and if the other members of the Board in the particular appeal have given their agreement.

(2) Each new member shall be bound to the same extent as the other members by an interlocutory decision which has already been taken.

(3) A member who is unable to act after the Board has already reached a decision on the appeal shall not be replaced. If the Chair in a particular appeal is unable to act, the member of the Board having the longer or longest service on the Boards of Appeal or, in the case where members have the same length of service, the elder or eldest member, shall sign the decision on behalf of the Chair.

Article 9
Enlargement of a Board

If a Board consisting of two technically qualified members and one legally qualified member considers that the nature of the appeal requires that the Board should consist of three technically qualified members and two legally qualified members, the decision to enlarge the Board shall be taken at the earliest possible stage in the examination of that appeal.

Article 10
Consolidation and acceleration of appeal proceedings

(1) If several appeals are filed from a decision, these appeals shall be dealt with in the same proceedings.

(2) If appeals are filed from separate decisions but are clearly connected to each other and if they are to be examined by a Board in the same composition, that Board shall endeavour to deal with them one immediately after the other. The Board may, after having heard the parties, also deal with such appeals in consolidated proceedings.

(3) On request by a party, the Board may accelerate the appeal proceedings. The request shall contain reasons justifying the acceleration and shall, where appropriate, be supported by documentary evidence. The Board shall inform the parties whether the request has been granted.

(4) If a court or other competent authority in a Contracting State requests acceleration of the appeal proceedings, the Board shall inform the court or authority and the parties whether the request has been granted and when oral proceedings, if foreseen, are likely to take place.

(5) The Board may accelerate the appeal proceedings of its own motion.

(6) If the Board accelerates the appeal proceedings, it shall give the appeal priority over other appeals. The Board may adopt a strict framework for the proceedings.

Article 11
Remittal

The Board shall not remit a case to the department whose decision was appealed for further prosecution, unless special reasons present themselves for doing so. As a rule, fundamental deficiencies which are apparent in the proceedings before that department constitute such special reasons.

Article 12
Basis of appeal proceedings

(1) Appeal proceedings shall be based on

(a) the decision under appeal and minutes of any oral proceedings before the department having issued that decision;

(b) the notice of appeal and statement of grounds of appeal filed pursuant to Article 108 EPC;

(c) in cases where there is more than one party, any written reply of the other party or parties to be filed within four months of notification of the grounds of appeal;

(d) any communication sent by the Board and any answer thereto filed pursuant to directions of the Board;

(e) minutes of any video or telephone conference with the party or parties sent by the Board.

(2) In view of the primary object of the appeal proceedings to review the decision under appeal in a judicial manner, a partyꞌs appeal case shall be directed to the requests, facts, objections, arguments and evidence on which the decision under appeal was based.

(3) The statement of grounds of appeal and the reply shall contain a party's complete appeal case. Accordingly, they shall set out clearly and concisely the reasons why it is requested that the decision under appeal be reversed, amended or upheld, and should specify expressly all the requests, facts, objections, arguments and evidence relied on. All documents referred to shall be

(a) attached as annexes insofar as they have not already been filed in the course of the grant, opposition or appeal proceedings or produced by the Office in said proceedings;

(b) filed in any event to the extent that the Board so directs in a particular case.

(4) Any part of a party's appeal case which does not meet the requirements in paragraph 2 is to be regarded as an amendment, unless the party demonstrates that this part was admissibly raised and maintained in the proceedings leading to the decision under appeal. Any such amendment may be admitted only at the discretion of the Board.

The party shall clearly identify each amendment and provide reasons for submitting it in the appeal proceedings. In the case of an amendment to a patent application or patent, the party shall also indicate the basis for the amendment in the application as filed and provide reasons why the amendment overcomes the objections raised.

The Board shall exercise its discretion in view of, inter alia, the complexity of the amendment, the suitability of the amendment to address the issues which led to the decision under appeal, and the need for procedural economy.

(5) The Board has discretion not to admit any part of a submission by a party which does not meet the requirements in paragraph 3.

(6) The Board shall not admit requests, facts, objections or evidence which were not admitted in the proceedings leading to the decision under appeal, unless the decision not to admit them suffered from an error in the use of discretion or unless the circumstances of the appeal case justify their admittance.

The Board shall not admit requests, facts, objections or evidence which should have been submitted, or which were no longer maintained, in the proceedings leading to the decision under appeal, unless the circumstances of the appeal case justify their admittance.

(7) Periods specified by the Board may exceptionally be extended at the Board's discretion upon a written and reasoned request, presented before the expiry of such period. The same applies mutatis mutandis to the period referred to in paragraph 1(c); however, this period may only be extended up to a maximum of six months.

(8) Subject to Articles 113 and 116 EPC, the Board may decide the case at any time after filing of the statement of grounds of appeal or, in cases where there is more than one party, after the expiry of the period referred to in paragraph 1(c).

Article 13
Amendment to a party's appeal case

(1) Any amendment to a party's appeal case after it has filed its grounds of appeal or reply is subject to the party's justification for its amendment and may be admitted only at the discretion of the Board.

Article 12, paragraphs 4 to 6, shall apply mutatis mutandis.

The party shall provide reasons for submitting the amendment at this stage of the appeal proceedings.

The Board shall exercise its discretion in view of, inter alia, the current state of the proceedings, the suitability of the amendment to resolve the issues which were admissibly raised by another party in the appeal proceedings or which were raised by the Board, whether the amendment is detrimental to procedural economy, and, in the case of an amendment to a patent application or patent, whether the party has demonstrated that any such amendment, prima facie, overcomes the issues raised by another party in the appeal proceedings or by the Board and does not give rise to new objections.

(2) 1 Any amendment to a party's appeal case made after the expiry of a period specified by the Board in a communication under Rule 100, paragraph 2, EPC or, where such a communication is not issued, after notification of a summons to oral proceedings communication under Article 15, paragraph 1, shall, in principle, not be taken into account unless there are exceptional circumstances, which have been justified with cogent reasons by the party concerned.

(3) Other parties shall be entitled to submit their observations on any amendment not held inadmissible by the Board ex officio.

Article 14
Interventions

Where, during a pending appeal, notice of intervention is filed, Articles 12 and 13 shall apply in so far as justified by the circumstances of the case.

Article 15
Oral proceedings and issuing decisions

(1) 2 Without prejudice to Rule 115, paragraph 1, EPC, the Board shall, if oral proceedings are to take place, endeavour to give at least four months' notice of the summons. In cases where there is more than one party, the Board shall endeavour to issue the summons no earlier than two months after receipt of the written reply or replies referred to in Article 12, paragraph 1(c). A single date is fixed for the oral proceedings.

In order to help concentration on essentials during the oral proceedings, the Board shall issue a communication drawing attention to matters that seem to be of particular significance for the decision to be taken. The Board may also provide a preliminary opinion. The Board shall endeavour to issue the communication at least four months in advance of the date of the oral proceedings. In cases where there is more than one party, the Board shall issue the communication no earlier than one month after receipt of the written reply or replies referred to in Article 12, paragraph 1(c).

(2) A request of a party for a change of the date fixed for oral proceedings may be allowed if the party has put forward serious reasons which justify the fixing of a new date. If the party is represented, the serious reasons must relate to the representative.

(a) The request shall be filed in writing, reasoned and, where appropriate, supported by documentary evidence. The request shall be filed as soon as possible after the summons to oral proceedings has been notified and the serious reasons in question have arisen. The request should include a list of dates on which the requesting party is not available for oral proceedings.

(b) Reasons which may justify a change of the date for oral proceedings include:

(i) notification of a summons to oral proceedings in other proceedings before the European Patent Office or a national court received before notification of the summons to oral proceedings before the Board;

(ii) serious illness;

(iii) a death within the family;

(iv) marriage or formation of a similar recognised partnership;

(v) military service or other obligatory performance of civic duties;

(vi) holidays or business trips which have been firmly booked before notification of the summons to oral proceedings.

(c) Reasons which, as a rule, do not justify a change of the date for oral proceedings include:

(i) filing of new requests, facts, objections, arguments or evidence;

(ii) excessive work pressure;

(iii) unavailability of a duly represented party;

(iv) unavailability of an accompanying person;

(v) appointment of a new professional representative.

(3) The Board shall not be obliged to delay any step in the proceedings, including its decision, by reason only of the absence at the oral proceedings of a party duly summoned who may then be treated as relying only on its written case.

(4) The Chair presides over the oral proceedings and ensures their fair, orderly and efficient conduct.

(5) When a case is ready for decision during oral proceedings, the Chair shall state the final requests of the parties and declare the debate closed. No submissions may be made by the parties after the closure of the debate unless the Board decides to re-open the debate.

(6) The Board shall ensure that each case is ready for decision at the conclusion of the oral proceedings, unless there are special reasons to the contrary. Before the oral proceedings are closed, the decision may be announced orally by the Chair.

(7) Where the decision on the appeal has been announced orally in accordance with paragraph 6, the reasons for the decision, or parts thereof, may, with the explicit consent of the parties, be put in writing in abridged form. However, where it has been indicated to the Board that a third party or a court has, in the particular case, a legitimate interest in the reasons for the decision not being in abridged form, they shall not be abridged. Where appropriate, the reasons for the decision in abridged form may already be included in the minutes of the oral proceedings.

(8) If the Board agrees with the finding of the department which issued the decision under appeal, on one or more issues, and with the reasons given for it in the decision under appeal, the Board may put the reasons for its decision in abridged form in respect of that issue.

(9) The Board shall issue the decision on the appeal in a timely manner.

(a) Where the Chair announces the decision on the appeal orally in accordance with paragraph 6, the Board shall put the decision in writing and despatch it within three months of the date of the oral proceedings. If the Board is unable to do so, it shall inform the parties when the decision is to be despatched. The President of the Boards of Appeal shall also be informed thereof.

(b) 3 When a case is ready for decision at the conclusion of the oral proceedings but the Chair does not announce the decision on the appeal orally in accordance with paragraph 6, the Chair shall indicate the date on which the decision on the appeal is to be despatched, which shall not be later than three months after the closure of the oral proceedings. If the Board is unable to despatch the decision on the appeal by that date, it shall inform the parties and the President of the Boards of Appeal of a new date or, in exceptional circumstances, shall issue a communication specifying the further procedural steps that will be taken.

Article 15a4
Oral proceedings by videoconference

(1)The Board may decide to hold oral proceedings pursuant to Article 116 EPC by videoconference if the Board considers it appropriate to do so, either upon request by a party or of its own motion.

(2)Where oral proceedings are scheduled to be held on the premises of the European Patent Office, a party, representative or accompanying person may, upon request, be allowed to attend by videoconference.

(3)The Chair in the particular appeal and, with the agreement of that Chair, any other member of the Board in the particular appeal may participate in the oral proceedings by videoconference.

Article 16
Costs

(1) Subject to Article 104, paragraph 1, EPC, the Board may on request order a party to pay some or all of another party's costs. Without limiting the Board's discretion, such costs include those incurred by any

(a) amendment to a party's appeal case pursuant to Article 13;

(b) extension of a period;

(c) acts or omissions prejudicing the timely and efficient conduct of oral proceedings;

(d) failure to comply with a direction of the Board;

(e) abuse of procedure.

(2) The costs ordered to be paid may be all or part of those incurred by the receiving party and may, inter alia, be expressed as a percentage or as a specific sum. In the latter event, the Board's decision shall be a final decision for the purposes of Article 104, paragraph 3, EPC. The costs ordered may include costs charged to a party by its professional representative, costs incurred by a party itself whether or not acting through a professional representative, and the costs of witnesses or experts paid by a party but shall be limited to costs necessarily and reasonably incurred.

Article 17
Communications to the parties

(1) In the written phase of proceedings, replies to requests and directions on matters of procedure shall be given by means of communications.

(2) If a Board deems it expedient to communicate with the parties regarding a possible appreciation of substantive or legal matters, such communication shall be made in such a way as not to imply that the Board is in any way bound by it.

Article 18
Right of the President of the European Patent Office to comment

The Board may, of its own motion or at the written, reasoned request of the President of the European Patent Office, invite the President to comment in writing or orally on questions of general interest which arise in the course of proceedings pending before it. The parties shall be entitled to submit their observations on the President's comments.

Article 19
Deliberation and voting

(1) If the members of a Board are not all of the same opinion, the Board shall meet to deliberate regarding the decision to be taken. Only members of the Board shall participate in the deliberations; the Chair in the particular appeal may, however, authorise other officers to attend. The deliberations shall be secret.

(2) During the deliberations of the Board, the opinion of the rapporteur shall be heard first, followed by that of the additional rapporteur if one has been appointed and, if the rapporteur is not the Chair, by that of the Chair last.

(3) If voting is necessary, votes shall be taken in the same sequence, except that the Chair, even when rapporteur, shall vote last. Abstentions shall not be permitted.

Article 20
Deviations from an earlier decision of any Board or from the Guidelines for Examination

(1) Should a Board consider it necessary to deviate from an interpretation or explanation of the Convention given in an earlier decision of any Board, the grounds for this deviation shall be given, unless such grounds are in accordance with an earlier decision or opinion of the Enlarged Board of Appeal according to Article 112, paragraph 1, EPC. The President of the European Patent Office shall be informed of the Board's decision.

(2) If, in its decision, a Board gives a different interpretation of the Convention from that provided for in the Guidelines for Examination, it shall state its grounds for doing so if it considers that the decision will be more readily understood in the light of such grounds.

Article 21
Deviation from an earlier decision or opinion of the Enlarged Board of Appeal

Should a Board consider it necessary to deviate from an interpretation or explanation of the Convention contained in an earlier decision or opinion of the Enlarged Board of Appeal according to Article 112, paragraph 1, EPC, the question shall be referred to the Enlarged Board of Appeal.

Article 22
Referral of a question to the Enlarged Board of Appeal

(1) If a question is to be referred to the Enlarged Board of Appeal in accordance with Article 112, paragraph 1, EPC, a decision to this effect shall be taken by the Board.

(2) The decision shall contain the items specified in Rule 102, sub-paragraphs (a), (b), (c), (d) and (f), EPC and the question which the Board refers to the Enlarged Board of Appeal. The context in which the question arose shall also be stated.

(3) The decision shall be communicated to the parties.

Article 23
Binding nature of the Rules of Procedure

These Rules of Procedure shall be binding upon the Boards of Appeal, provided that they do not lead to a situation which would be incompatible with the spirit and purpose of the Convention.

Article 24
Entry into force

(1) The revised version of the Rules of Procedure of the Boards of Appeal (the revised version) shall enter into force on 1 January 2020.

(2) Subject to Article 25, the version of the Rules of Procedure of the Boards of Appeal valid until that time shall cease to be in force upon entry into force of the revised version.

Article 25
Transitional provisions

(1) The revised version shall apply to any appeal pending on, or filed after, the date of the entry into force, subject to the following paragraphs.

(2) Article 12, paragraphs 4 to 6, of the revised version shall not apply to any statement of grounds of appeal filed before the date of the entry into force and any reply to it filed in due time. Instead, Article 12, paragraph 4, of the Rules of Procedure of the Boards of Appeal in the version valid until the date of the entry into force shall continue to apply.

(3) Where the summons to oral proceedings or a communication of the Board under Rule 100, paragraph 2, EPC has been notified before the date of the entry into force, Article 13, paragraph 2, of the revised version shall not apply. Instead, Article 13 of the Rules of Procedure of the Boards of Appeal in the version valid until the date of the entry into force shall continue to apply.

Done at Munich, 4 April 2019

For the Boards of Appeal Committee

The Chairman

Roland GROSSENBACHER

*CA/D 5/19 Corr. 1, published in OJ EPO 2019, A63
Editorial note: Section VI of document CA/3/19 contains a table setting out the version of the Rules of Procedure in force until 31 December 2019 in the left-hand column, the amendments in the middle column, and the explanatory remarks in the right-hand column.

1Amended by decision of the Boards of Appeal Committee of 23.11.2023 (see BOAC/18/23) and approved by decision of the Administrative Council CA/D 24/23 of 13.12.2023 (OJ EPO 2023, A103). The amendment entered into force on 01.01.2024.

2Amended by decision of the Boards of Appeal Committee of 23.11.2023 (see BOAC/18/23) and approved by decision of the Administrative Council CA/D 24/23 of 13.12.2023 (OJ EPO 2023, A103). The amendment entered into force on 01.01.2024.

3Amended by decision of the Boards of Appeal Committee of 23.11.2023 (see BOAC/18/23) and approved by decision of the Administrative Council CA/D 24/23 of 13.12.2023 (OJ EPO 2023, A103). The amendment entered into force on 01.01.2024.

4Inserted by decision of the Boards of Appeal Committee of 11.12.2020 (see BOAC/16/20) and approved by decision of the Administrative Council CA/D 3/21 of 23.03.2021 (OJ EPO 2021, A19). The amendment entered into force on 01.04.2021.

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