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CLR V B 3.11 Factual bases for the review – minutes and grounds for the decision

The factual bases for a review procedure under Art. 112a EPC are the minutes of the oral proceedings and the grounds for the decision under review (R 15/09, R 6/14). However, in R 3/10 the Enlarged Board also took signed declarations of persons who had attended the oral proceedings into account.

CLR V B 3.10.4 Procedural efficiency

CLR V B 3.10.3 Group parties

In R 18/09 the Enlarged Board held that the principles set out in G 3/99 (OJ 2002, 347), also applied to petition for review proceedings, namely that a plurality of persons acting in common must be treated as a single party (a "group party") and that such a group party must act through a common representative.

CLR V B 3.10.2 Involvement of parties other than the petitioner in petition for review proceedings

CLR V B 3.10.1 Composition of the Enlarged Board of Appeal

CLR V B 3.10 ‍‍Rule 109 EPC – composition of the Enlarged Board and review procedure

Unless otherwise provided, the provisions relating to proceedings before the boards of appeal apply (R. 109(1) EPC). The RPEBA also apply in proceedings under Art. 112a EPC (Art. 1 RPEBA).

CLR V B 3.9 ‍‍Article 12(1) RPEBA – late-filed submissions in the review procedure

CLR V B 3.8 Time limit for filing a petition for review

In accordance with Art. 112a(4) EPC, a petition for review shall be filed within two months of notification of the decision of the Board of Appeal (or within two months of the date on which the criminal act has been established where applicable).

CLR V B 3.7.2 Non-compliance with Rule 107 EPC and failure to remedy a deficiency

In R 6/10 the board held that if a petition did not comply with R. 107(2) EPC, it must be rejected as inadmissible.

CLR V B 3.7.1 Petition must be adequately substantiated