A.24 EPC Exclusion and objection

(1)

Members of the Boards of Appeal or of the Enlarged Board of Appeal may not take part in a case in which they have any personal interest, or if they have previously been involved as representatives of one of the parties, or if they participated in the decision under appeal.

(2)

If, for one of the reasons mentioned in paragraph 1, or for any other reason, a member of a Board of Appeal or of the Enlarged Board of Appeal considers that he should not take part in any appeal, he shall inform the Board accordingly.

(3)

Members of a Board of Appeal or of the Enlarged Board of Appeal may be objected to by any party for one of the reasons mentioned in paragraph 1, or if suspected of partiality. An objection shall not be admissible if, while being aware of a reason for objection, the party has taken a procedural step. An objection may not be based upon the nationality of members.

(4)

The Boards of Appeal and the Enlarged Board of Appeal shall decide as to the action to be taken in the cases specified in paragraphs 2 and 3, without the participation of the member concerned. For the purposes of taking this decision the member objected to shall be replaced by his alternate.

See decisions of the Enlarged Board of Appeal G 5/91, G 1/05, G 2/08 of 15.06.2009, G 3/08 of 16.10.2009 (Annex I).

Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ar24.html

Date retrieved: 17 May 2021

77 references found.

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EPC Articles

X Chapter III The European Patent Office

X A.112a EPC Article 112a Petition for review by the Enlarged Board of Appeal

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

X R.144 EPC Parts of the file excluded from inspection

Offical Journal of the EPO

X OJ EPO SE 1/2021, p183 - Annex 2. Table setting out the amendments to the RPBA and the explanatory remarks

X OJ EPO SE 1/2021, p140 - XIV.3 - Regulation on discipline for professional representatives

X OJ EPO SE 1/2021, p57 - III.3 - Rules of Procedure of the Boards of Appeal 2007

X OJ EPO SE 1/2021, p41 - III.2 - Rules of Procedure of the Boards of Appeal 2020 [ 1 ]

X OJ EPO SE 1/2021, p30 - III.1 - Rules of Procedure of the Enlarged Board of Appeal

X OJ EPO 2021, A35 - Rules of Procedure of the Boards of Appeal

X OJ EPO SE 4/2020, p99 - ANNEX 1

X OJ EPO SE 4/2020, p73 - V. PROCEEDINGS BEFORE THE BOARDS OF APPEAL

X OJ EPO SE 2/2020, p17 - 2. Table setting out the amendments to the RPBA and the explanatory remarks

X OJ EPO SE 2/2020, p1 - 1. Rules of Procedure of the Boards of Appeal 2020

X OJ EPO SE 1/2020, p178 - Annex 2. Table setting out the amendments to the RPBA and the explanatory remarks

X OJ EPO SE 1/2020, p135 - XIV.3 - Regulation on discipline for professional representatives

X OJ EPO SE 1/2020, p58 - III.3 - Rules of Procedure of the Boards of Appeal 2007

X OJ EPO SE 1/2020, p42 - III.2 - Rules of Procedure of the Boards of Appeal 2020

X OJ EPO SE 1/2020, p31 - III.1 - Rules of Procedure of the Enlarged Board of Appeal

X OJ EPO 2020, A55 - Synopsis of the territorial field of application of international patent treaties

X OJ EPO SE 1/2019, p119 - XIV.3 - Regulation on discipline for professional representatives

X OJ EPO SE 1/2019, p40 - III.2 - Rules of Procedure of the Boards of Appeal

X OJ EPO SE 1/2019, p29 - III.1 - Rules of Procedure of the Enlarged Board of Appeal

X OJ EPO 2019, A63 - 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 ) [ 1 ]

X OJ EPO SE 1/2018, p126 - XIV.3 - Regulation on discipline for professional representatives (OJ EPO 1978, 91, OJ EPO 2008, 14)

X OJ EPO SE 1/2018, p41 - III.2 - Decision of the Administrative Council of 25 October 2007 approving amendments to the Rules of Procedure of the Boards of Appeal of the European Patent Office [ 1 ]

X OJ EPO SE 1/2018, p30 - III.1 - 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 (CA/D 3/15) [ 1 ]

X OJ EPO SE 1/2017, p127 - XIV.3 - Regulation on discipline for professional representatives (OJ EPO 1978, 91, OJ EPO 2008, 14)

X OJ EPO SE 1/2017, p41 - III.2 - Decision of the Administrative Council of 25 October 2007 approving amendments to the Rules of Procedure of the Boards of Appeal of the European Patent Office [ 1 ]

X OJ EPO SE 1/2017, p30 - III. RULES OF PROCEDURE OF THE BOARDS OF APPEAL

X OJ EPO 2011, 10 - Opinion of the Enlarged Board of Appeal dated 12 May 2010 G 3/08

Case Law Book

X CLR RPBA Rules of Procedure of the Boards of Appeal (RPBA 2007)

X CLR RPBA2020 Rules of Procedure of the Boards of Appeal – in force as from 1 January 2020

X CLR RPEBA Rules of Procedure of the Enlarged Board of Appeal

Case Law Book: III Amendments

X CLR III J 1.1 Exclusion and objection

X CLR III J 1.4 "Subjective" and "objective" test, presumption of impartiality

X CLR III J 1.5 Parties' right to have their case decided by the judge designated by law

X CLR III J 1.6 Applicability of Article 24 EPC to first-instance proceedings

X CLR III J 1.7 Applicability of Article 24 EPC to disciplinary proceedings

X CLR III J 2 Initiation of partiality proceedings and other procedural issues

X CLR III J 2.1 Notices of self-recusation

X CLR III J 2.3 Objection by a party

X CLR III J 2.4 Objection by a third party

X CLR III J 3 Admissibility

X CLR III J 3.2 Obligation to raise the objection immediately

X CLR III J 3.3 Objection must be reasoned and substantiated

X CLR III J 5.1.1 Previous involvement of a board member as a party's representative

X CLR III J 5.1.2 Participation in the decision under appeal

X CLR III J 5.2.4 Statement of grounds of objection defines the factual scope of the objection

X CLR III J 5.2.5 ‍‍Article 24(3) EPC objection under Article 112a(2)(a) EPC

X CLR III J 6.2 Petition for review proceedings under Article 112a EPC

X CLR III J 6.2.3 Suspected partiality of the Chairman of the Enlarged Board of Appeal who at the same time was Vice-President of Directorate-General 3 (VP3)

Case Law Book: V Priority

X CLR V B 1 Introduction

X CLR V B 3.4.1 ‍‍Article 112a(2) EPC – grounds for a petition for review

X CLR V B 3.13.2 Replacement of board members

X CLR V B 4.1 ‍‍Article 112a(2)(a) EPC – alleged breach of Article 24 EPC

Case Law of the Enlarged Board

X G 0005/91 (Appealable decision) of 5.5.1992

X G 0001/05 (Exclusion and objection/XXX) of 7.12.2006

X G 0002/08 (Dosage regime/ABBOTT RESPIRATORY) of 19.2.2010

X G 0003/08 (Programs for computers) of 12.5.2010

General Case Law

X R 0014/09 () of 22.12.2009

X R 0017/09 (Appeal deemed not filed/BASSI) of 1.10.2010

X R 0016/10 () of 20.12.2010

X R 0015/11 (Fundamental violation of Article 113 EPC/IVIS TECHNOLOGIES) of 13.5.2013

X R 0019/12 (Ablehnung wegen Besorgnis der Befangenheit) of 25.4.2014

X R 0002/14 (Objections to the Chairman and Members of the Enlarged Board of … of 17.2.2015

X R 0002/15 (Notice of withdrawal/EURO-CELTIQUE) of 21.10.2015

X T 0584/09 (Imidacloprid gegen FlÃ¶he, LÃ¤use, Fliegen/BAYER) of 1.3.2013

X T 1938/09 (Objection for suspicion of partiality) of 2.10.2014

X T 0049/11 () of 25.3.2014

X T 1677/11 ((-)-Omeprazole Na/ASTRAZENECA) of 27.11.2012

X T 1760/11 ((-)-Omeprazole Mg/ASTRAZENECA) of 13.11.2012

X T 1674/12 () of 10.10.2013

X T 0355/13 () of 18.11.2015

X T 1889/13 () of 14.3.2017

X T 0049/15 () of 9.3.2018