The Boards of Appeal and the Enlarged Board of Appeal, including their registries and support services, shall be organised as a separate unit (the "Boards of Appeal Unit") and be directed by the President of the Boards of Appeal. The Chairman of the Enlarged Board of Appeal shall act as President of the Boards of Appeal. The President of the Boards of Appeal shall be appointed by the Administrative Council on a joint proposal made by the Committee established under Rule 12c, paragraph 1, and the President of the European Patent Office. If the President of the Boards of Appeal is absent or indisposed, one of the members of the Enlarged Board of Appeal shall take his place in accordance with the procedure laid down by the Administrative Council.
(2)[ 12 ]
The President of the Boards of Appeal shall manage the Boards of Appeal Unit and, to this end, have the functions and powers delegated to him by the President of the European Patent Office. In exercising the delegated functions and powers, the President of the Boards of Appeal shall be responsible solely to the Administrative Council and shall be subject to its hierarchical and disciplinary authority.
Without prejudice to Article 10, paragraph 2(d), and Article 46, the President of the Boards of Appeal shall prepare a substantiated budget request for the Boards of Appeal Unit. This request shall be examined and discussed with the relevant departments of the European Patent Office, and be presented by the President of the Boards of Appeal to the Committee established under Rule 12c, paragraph 1, for opinion, before being forwarded to the President of the European Patent Office for consideration for the yearly draft budget. The President of the European Patent Office shall provide the President of the Boards of Appeal with the necessary resources, as set out in the adopted budget.
The President of the European Patent Office shall make the services mentioned in Rule 9, paragraph 1, available to the President of the Boards of Appeal as far as necessary and within the limits of the adopted budget.
Inserted by 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.
See delegation of functions and powers from the President of the EPO to the President of the Boards of Appeal (OJ EPO 2018, A63).
Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/r12a.html
Date retrieved: 17 May 2021
24 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
EPC Implementing Rules
XR.12c EPC Rule 12c Boards of Appeal Committee and procedure for adoption of the Rules of Procedure of the Boards of Appeal and of the Enlarged Board of Appeal
Offical Journal of the EPO
XOJ EPO SE 1/2018, p161 - XV.3 - Decision of the President of the Boards of Appeal of 3 August 2017 designating the deputy of the President of the Boards of Appeal [ 1 ]
XOJ EPO SE 1/2018, p160 - XV.2 - Delegation of functions and powers from the President of the European Patent Office to the President of the Boards of Appeal [ 1 ]
XOJ EPO 2018, A63 - Delegation of functions and powers from the President of the European Patent Office to the President of the Boards of Appeal
XOJ EPO SE 1/2017, p14 - II.3 - Business distribution scheme of the Technical Boards of Appeal for the year 2017
XOJ EPO 2017, A70 - Decision of the President of the Boards of Appeal of 3 August 2017 designating the deputy of the President of the Boards of Appeal
XOJ EPO 2017, A19 - Delegation of functions and powers from the President of the European Patent Office to the President of the Boards 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) [ * ]