If the petition does not comply with Article 112a, paragraphs 1, Article 112a, paragraphs 2 or Article 112a, paragraphs 4, Rule 106 or Rule 107, paragraph 1(b) or Rule 107, paragraph 2, the Enlarged Board of Appeal shall reject it as inadmissible, unless any defect has been remedied before the relevant period under Article 112a, paragraph 4, expires.
If the Enlarged Board of Appeal notes that the petition does not comply with Rule 107, paragraph 1(a), it shall communicate this to the petitioner and shall invite him to remedy the deficiencies noted within a period to be specified. If the deficiencies are not remedied in due time, the Enlarged Board of Appeal shall reject the petition as inadmissible.
(3)[ 123 ]
If the petition is allowable, the Enlarged Board of Appeal shall set aside the decision of the Board of Appeal and order the re-opening of the proceedings before the Board of Appeal responsible under Rule 12b, paragraph 4. The Enlarged Board of Appeal may order that members of the Board of Appeal who participated in taking the decision set aside shall be replaced.
Amended by Article 2 of the decision of the Administrative Council CA/D 6/16 of 30.06.2016 (OJ EPO 2016, A100), which entered into force on 01.07.2016.
Date retrieved: 17 May 2021
43 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
EPC Implementing Rules
XR.12b EPC Rule 12b Presidium of the Boards of Appeal and business distribution scheme for the Boards of Appeal
EPO Guidelines - E General Procedural Matters
Offical Journal of the EPO
XOJ EPO SE 1/2018, p62 - VI.1 - Decision of the Enlarged Board of Appeal dated 12 November 2007 concerning the transfer of tasks to the Registry of the Enlarged Board of Appeal
XOJ EPO SE 1/2017, p63 - VI.1 - Decision of the Enlarged Board of Appeal dated 12 November 2007 concerning the transfer of tasks to the Registry of the Enlarged Board of Appeal
XOJ EPO 2016, A100 - Decision of the Administrative Council of 30 June 2016 amending the Implementing Regulations to the European Patent Convention (CA/D 6/16) [ * ]