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Rule 11 – Business distribution scheme for the Enlarged Board of Appeal and adoption of its Rules of...

Rule 11 12
Business distribution scheme for the Enlarged Board of Appeal and adoption of its Rules of Procedure

A revised version of the European Patent Convention entered into force on 13 December 2007. The provisions of the revised Convention apply unless the transitional provisions provide for the applicability of the EPC 1973.

(1) Before the beginning of each working year, the members of the Enlarged Board of Appeal who have not been appointed under Article 160, paragraph 2, shall designate the regular and alternate members of the Enlarged Board of Appeal.

(2) The members of the Enlarged Board of Appeal who have not been appointed under Article 160, paragraph 2, shall adopt the Rules of Procedure of the Enlarged Board of Appeal.

(3) Decisions on matters mentioned in paragraphs 1 and 2 may only be taken if at least five members are present, including the Chairman of the Enlarged Board of Appeal or his deputy; in the event of parity of votes, the Chairman or his deputy shall have the casting vote. Abstentions shall not be considered as votes.

12Amended by decision of the Administrative Council of 18.10.2001 which entered into force on 02.01.2002 (OJ EPO 2001, 485 ff).

See decisions of the Enlarged Board of Appeal G 6/95, G 1/97 (Annex I).

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    R. 11 R. 13