Upon delegation from the President of the European Patent Office, the President of the Boards of Appeal shall exercise the right to propose the members, including the Chairmen, of the Boards of Appeal and the members of the Enlarged Board of Appeal for appointment by the Administrative Council, and the right to be consulted on their re-appointment (Article 11, paragraph 3) and on the appointment and re-appointment of external legally qualified members (Article 11, paragraph 5).
The President of the Boards of Appeal shall exercise the right under paragraph 2 to be consulted on re-appointments by submitting a reasoned opinion, including an evaluation of the member's or Chairman's performance, to the Administrative Council. The criteria for evaluating performance shall be set by the President of the Boards of Appeal in consultation with the Committee established under Rule 12c, paragraph 1. Subject to a positive opinion and performance evaluation and the number of posts under Article 11, paragraph 3, available in the adopted budget for the Boards of Appeal Unit, the members, including the Chairmen, of the Boards of Appeal and the members of the Enlarged Board of Appeal shall be re-appointed at the end of their five-year term under Article 23, paragraph 1.
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 the 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/r12d.html
Date retrieved: 17 May 2021
13 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 1/2020, p164 - XV.1 - Organisation of the Boards of Appeal and the Enlarged Board of Appeal (Rule 12 to Rule 13 EPC)
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 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) [ * ]