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Chapter III – The European Patent Office

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  1. Home
  2. The European Patent Convention – Contents
  3. European Patent Convention
  4. Part I
  5. Chapter III
  6. Article 21
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Article 21 – Boards of Appeal

Article 10 – Management
Article 11 – Appointment of senior employees
Article 12 – Duties of office
Article 13 – Disputes between the Organisation and the employees of the European Patent Office
Article 14 – Languages of the European Patent Office, European patent applications and other documents
Article 15 – Departments entrusted with the procedure
Article 16 – Receiving Section
Article 17 – Search Divisions
Article 18 – Examining Divisions
Article 19 – Opposition Divisions
Article 20 – Legal Division
Article 21 – Boards of Appeal
Article 22 – Enlarged Board of Appeal
Article 23 – Independence of the members of the Boards
Article 24 – Exclusion and objection
Article 25 – Technical opinion

Article 2120, 21
Boards of Appeal

Part I – General and institutional provisions
Chapter III – The European Patent Office

(1) The Boards of Appeal shall be responsible for the examination of appeals from decisions of the Receiving Section, the Examining Divisions and Opposition Divisions, and the Legal Division. 

(2) For appeals from decisions of the Receiving Section or the Legal Division, a Board of Appeal shall consist of three legally qualified members. 

(3) For appeals from a decision of an Examining Division, a Board of Appeal shall consist of: 

(a) two technically qualified members and one legally qualified member, when the decision concerns the refusal of a European patent application or the grant, limitation or revocation of a European patent, and was taken by an Examining Division consisting of less than four members; 

(b) three technically and two legally qualified members, when the decision was taken by an Examining Division consisting of four members, or when the Board of Appeal considers that the nature of the appeal so requires; 

(c) three legally qualified members in all other cases. 

(4) For appeals from a decision of an Opposition Division, a Board of Appeal shall consist of: 

(a) two technically qualified members and one legally qualified member, when the decision was taken by an Opposition Division consisting of three members; 

(b) three technically and two legally qualified members, when the decision was taken by an Opposition Division consisting of four members, or when the Board of Appeal considers that the nature of the appeal so requires. 


20Amended by the Act revising the European Patent Convention of 29.11.2000.

21See decisions/opinions of the Enlarged Board of Appeal G 2/90, G 8/95, G 1/02, G 3/03, G 1/11 (Annex I).

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EPC - Reference
  • Art. 11, 15, 106
    R. 12a, R. 12b, R. 12c, R. 12d, R. 97, 98
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