CLR III K Formal aspects of decisions of EPO departments

1.
Composition of the competent departments of first instance
1.1.
General comments on changes in composition of the competent departments of first instance
1.2.
Examining division
1.3.
Opposition division
1.3.1
Enlargement of the opposition division by addition of a legal member
1.3.2
Change in composition of opposition division during opposition proceedings
1.3.3
Composition of opposition division includes those who have taken part in proceedings for grant contrary to Art. 19(2) EPC
1.3.4
Remittal after breach of Article 19(2) EPC
2.
Date of decision
2.1.
Entry into force of decisions
2.2.
Completion of the internal decision-making process
2.3.
Date European patent takes effect and jurisdiction after pendency
3.
Form of decisions
3.1.
When is there a decision?
3.1.1
Cases involving two decisions
3.1.2
Inconsistency between oral and written decisions
3.2.
Pointing out the right to appeal in accordance with Rule 111(2) EPC
3.3.
Signatures on a decision under Rule 113 EPC
3.3.1
Decisions to be signed
3.3.2
Examples of invalid signatures
a)
When decision is announced in oral proceedings
b)
Director's signature in place of examiner's signature
3.3.3
Examples of valid signatures
a)
Computer-generated communications
b)
Death of examiner between oral proceedings and written decision
c)
Decision in written proceedings
d)
Illegible signature
e)
Draft decisions
3.4.
Reasons for the decision
3.4.1
Purpose of the duty to provide reasons
3.4.2
Right to be heard – right to have submissions taken into consideration
3.4.3
The requirement of sufficient reasoning
3.4.4
Deficient reasons
a)
Deficient reasons sufficient for the purposes of Rule 111(2) EPC?
b)
Deficient reasoning insufficient for the purposes of Rule 111(2) EPC
c)
No reasons for decision
3.4.5
Special cases
a)
References to communications
b)
Reference to a board decision or case law
c)
Assessment of inventive step without assessing the prior art
d)
Identical decision after remittal for further prosecution
e)
Dealing with issues that go beyond the decision itself
3.5.
Decisions according to the state of the file
3.5.1
Request for decision "according to the state of the file"
3.5.2
No absolute right to a decision issued by way of EPO Form 2061
3.5.3
No waiver of right to a reasoned decision
3.5.4
Reasons for a decision by way of EPO Form 2061
a)
Requirements
b)
Reference to more than one communication
3.5.5
Documents included in the "state of the file"
4.
Loss of rights within the meaning of Rule 112(1) EPC
4.1.
Purpose of notification of loss of rights under Rule 112(1) EPC
4.2.
Form of notification of loss of rights under Rule 112(1) EPC
4.3.
Request for a decision under Rule 112(2) EPC subsequent to a communication
4.4.
Responsibility for issuing decisions under Rule 112(2) EPC
4.5.
Right to a decision under Rule 112(2) EPC
5.
Notification of decision under Rule 111(1) EPC
 

Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_iii_k.htm

Date retrieved: 17 May 2021

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