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CLR V A 2.3.1 Technical or Legal Board of Appeal

b) Technical board of appeal competent

c) Legal Board of Appeal competent

CLR V A 2.3 Board competent to hear a case

2.3.1 Technical or Legal Board of Appeal

2.3.2 Specific cases

CLR V A 2.2.4 Appeals against decisions of the boards of appeal

CLR V A 2.2.3 Interlocutory decisions

CLR V A 2.2.2.B Examples where the communication was not an appealable decision

The case law of the boards of appeal has established that the following are not regarded as appealable decisions taken by other EPO departments:

CLR V A 2.2.2.A Examples of appealable decisions

CLR V A 2.2.2 Decisions

CLR V A 2.2.1 Departments

CLR V A 2.2 Appealable decisions

Under Art. 106(1), first sentence, EPC appeals lie from decisions of the Receiving Section, examining divisions, opposition divisions and the Legal Division. It is such decisions themselves rather than their grounds that are open to appeal (see T 611/90, OJ 1993, 50).

CLR V A 2.1 Transitional provisions

If notice of appeal was filed before the revised EPC entered into force, the appeal's admissibility must be assessed under the provisions of the EPC 1973, in line with the principle (tempus regit actum) that entitlement to perform a procedural act is governed by the law in force when the act took place (T 1366/04).

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