a fundamental violation of Article 113 occurred;
The petition for review shall be filed in a reasoned statement, in accordance with the Implementing Regulations. If based on paragraph 2(a) to paragraph 2(d), the petition shall be filed within two months of notification of the decision of the Board of Appeal. If based on paragraph 2(e), the petition shall be filed within two months of the date on which the criminal act has been established and in any event no later than five years from notification of the decision of the Board of Appeal. The petition shall not be deemed to have been filed until after the prescribed fee has been paid.
The Enlarged Board of Appeal shall examine the petition for review in accordance with the Implementing Regulations. If the petition is allowable, the Enlarged Board of Appeal shall set aside the decision and shall re-open proceedings before the Boards of Appeal in accordance with the Implementing Regulations.
Any person who, in a designated Contracting State, has in good faith used or made effective and serious preparations for using an invention which is the subject of a published European patent application or a European patent in the period between the decision of the Board of Appeal and publication in the European Patent Bulletin of the mention of the decision of the Enlarged Board of Appeal on the petition, may without payment continue such use in the course of his business or for the needs thereof.
Date retrieved: 17 May 2021
276 references found. Limiting display to 200 references.Click X to load a reference inside the current page, click on the title to open in a new page.
EPC Implementing Rules
X Decision of the Administrative Council of 25 March 2015 approving amendments to the Rules of Procedure of the Enlarged Board of Appeal of the European Patent Office
EPC Rules relating to Fees
EPO Guidelines - A Formalities Examination
EPO Guidelines - E General Procedural Matters
Case Law Book
Case Law Book: III Amendments
Case Law Book: V Priority
XCLR V B 3.3 Article 112a(1) EPC – adversely affected party entitled to file a petition for review