This chapter deals in detail only with those questions which are relevant for interlocutory revision. At this stage of the proceedings the department of first instance is still competent.[Art. 23(3); Art. 109; ]
Appeals shall lie from decisions of the Receiving Section, Examining Divisions, Opposition Divisions and the Legal Division.[Art. 106(1); ]
An appeal has suspensive effect. This means that decisions may not yet become final and their effects are suspended. As the decision may not then be enforced, the following do not take place: entry in the Register of European Patents, mention in the European Patent Bulletin and, where appropriate, publication of a new specification of the European patent.
Date retrieved: 17 May 2021
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EPO Guidelines - D Opposition and Limitation/Revocation Procedures
XGL D IV 3 Rejection of the opposition as inadmissible by the opposition division, the patent proprietor not being a party