GL E XII 4 Appeals against the decision of the opposition division on the fixing of costs

In accordance with Rule 97(2), the decision of the opposition division fixing the amount of costs of opposition proceedings may be appealed if the amount is in excess of the fee for appeal.[Rule 97(2); Art. 13 RFees; ]

GL E XII 3 Appeals against the apportionment of costs

The apportionment of costs of opposition proceedings cannot be the sole subject of an appeal. Parties to the proceedings who feel that they have been adversely affected by the apportionment of costs may therefore only file an appeal against the decision on costs if they also lodge an appeal against the decision on the opposition on other admissible grounds.[Rule 97(1); ]

GL E XII 2 Appeals after surrender or lapse of the patent

An appeal may be filed against the decision of the opposition division even if the European patent has been surrendered or has lapsed for all the designated states.[Rule 98; ]

GL E XII 1 Suspensive effect

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.

GL E XII – Appeals

1. Suspensive effect

2. Appeals after surrender or lapse of the patent

3. Appeals against the apportionment of costs

4. Appeals against the decision of the opposition division on the fixing of costs

GL E XI in which they may have any personal interest (partiality for subjective reasons) or

Members of the competent divisions may not take part in the decision on a case:

(ii)in respect of which the party may have good reasons to suspect partiality (partiality for objective reasons).

For the objection to be admissible it must be raised immediately after the party has become aware of the reason for it.

GL E X 6 Notification

Decisions must be notified as a matter of course (see E‑II, 2).[Art. 119; ]

GL E X 5 Information as to means of redress

Decisions of the EPO which are open to appeal must be accompanied by a written communication of the possibility of appeal. The communication must also draw the attention of the parties to the provisions laid down in Art. 106 to 108 and Rules 97 and 98, the text of which must be attached.

GL E X 4 Binding nature of decisions on appeals

If a department has to give a decision in a case which has already been remitted by the board of appeal for further prosecution to that department, it is bound by the ratio decidendi of the board of appeal, in so far as the facts, e.g. the subject-matter of the patent and the relevant state of the art, are the same.[Art. 111(2); ]

An opposition division is not bound by a decision of a board of appeal on appeal against a decision from an examining division (see T 167

GL E X 3 Decisions which do not terminate proceedings – interlocutory decisions

A decision that does not terminate the proceedings as regards one of the parties is termed an interlocutory decision.