A.112 EPC Decision or opinion of the Enlarged Board of Appeal

(1)
In order to ensure uniform application of the law, or if a point of law of fundamental importance arises: 
(a)
the Board of Appeal shall, during proceedings on a case and either of its own motion or following a request from a party to the appeal, refer any question to the Enlarged Board of Appeal if it considers that a decision is required for the above purposes. If the Board of Appeal rejects the request, it shall give the reasons in its final decision; 
(b)
the President of the European Patent Office may refer a point of law to the Enlarged Board of Appeal where two Boards of Appeal have given different decisions on that question. 
(2)
In the cases referred to in paragraph 1(a) the parties to the appeal proceedings shall be parties to the proceedings before the Enlarged Board of Appeal.
(3)
The decision of the Enlarged Board of Appeal referred to in paragraph 1(a) shall be binding on the Board of Appeal in respect of the appeal in question.
 
[ Art. 22 R. 111 140 ]

137 references found.

Click X to load a reference inside the current page, click on the title to open in a new page.

EPC Articles

EPC Implementing Rules

Offical Journal of the EPO

Case Law Book

Case Law Book: I Patentability

Case Law Book: II Conditions to be met by an Application

Case Law Book: IV Divisional Applications

Case Law of the Enlarged Board

General Case Law