A.21 EPC Boards of Appeal

(1)
The Boards of Appeal shall be responsible for the examination of appeals from decisions of the Receiving Section, the Examining Divisions and Opposition Divisions, and the Legal Division. 
(2)
For appeals from decisions of the Receiving Section or the Legal Division, a Board of Appeal shall consist of three legally qualified members. 
(3)
For appeals from a decision of an Examining Division, a Board of Appeal shall consist of: 
(a)
two technically qualified members and one legally qualified member, when the decision concerns the refusal of a European patent application or the grant, limitation or revocation of a European patent, and was taken by an Examining Division consisting of less than four members; 
(b)
three technically and two legally qualified members, when the decision was taken by an Examining Division consisting of four members, or when the Board of Appeal considers that the nature of the appeal so requires; 
(c)
three legally qualified members in all other cases. 
(4)
For appeals from a decision of an Opposition Division, a Board of Appeal shall consist of: 
(a)
two technically qualified members and one legally qualified member, when the decision was taken by an Opposition Division consisting of three members; 
(b)
three technically and two legally qualified members, when the decision was taken by an Opposition Division consisting of four members, or when the Board of Appeal considers that the nature of the appeal so requires. 
 
[ Art. 11 15 106 R. 12a 12b 12c 12d 97 98 ]
[ 20 ]
Amended by the Act revising the European Patent Convention of 29.11.2000. 
[ 21 ]
See decisions/opinions of the Enlarged Board of Appeal G 2/90, G 8/95, G 1/02, G 3/03, G 1/11 (Annex I).

Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ar21.html

Date retrieved: 17 May 2021

45 references found.

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EPC Articles

EPC Implementing Rules

EPO Guidelines - D Opposition and Limitation/Revocation Procedures

Offical Journal of the EPO

Case Law Book: III Amendments

Case Law Book: V Priority

Case Law Book: VI Rules Common to all Proceedings

Case Law Book: VII Proceedings before the EPO

Case Law of the Enlarged Board

General Case Law