EPO Boards of Appeal

The EPO Boards of Appeal decide appeals against decisions of the Receiving Section, the Examining Divisions, the Opposition Divisions and the Legal Division of the European Patent Office. They are provided for in Article 21 of the European Patent Convention, and their members are independent and bound only by the Convention. In practice, their case law determines the interpretation of the requirements of patentability.

Bringing an appeal

Notice of appeal must be filed within two months of notification of the contested decision, and the statement of grounds within four months, under Article 108 of the Convention. The appeal has suspensive effect. Where the decision was taken by an Examining Division and the appeal appears well founded, interlocutory revision allows that division to rectify its own decision, which avoids examination by the Board.

Powers of the Boards of Appeal

The Board examines admissibility, then either exercises any power within the competence of the department that took the contested decision or remits the case to it, under Article 111 of the Convention. In opposition matters, it upholds the patent, maintains it in amended form or revokes it, revocation being specific to the outcome of proceedings before the Office. The Rules of Procedure strictly limit new submissions and auxiliary requests at the appeal stage, which shifts most of the work to first instance.

Key points

The Boards of Appeal are the Office's final instance, with no appeal to a court. Their decision binds the parties to theopposition to the grant of the patent and takes effect in all designated States, which distinguishes revocation by the Office from invalidation by a national court or by the Unified Patent Court. Appeal time limits cannot be extended, and missing them closes the appeal route for good, however strong the arguments the party intended to raise.

---

This glossary entry is general in scope and does not constitute legal advice.

Dhenne Avocats litigates patent disputes before the Paris Judicial Court, the Paris Court of Appeal and the Unified Patent Court. Where the question arises in a real case, the useful moment is almost always before proceedings are issued.

Patent litigation · Unified Patent Court · UPC case law · Tell us about your situation