BOARDS OF APPEAL
Decision of the Presidium of the Boards of Appeal dated 9 December 2022 concerning the transfer of functions to the Registrars of the Boards of Appeal
in accordance with Rule 12b, paragraph 1, EPC,
having regard to Article 6, paragraph 2, of the present Rules of Procedure of the Boards of Appeal (RPBA),
adopts a new decision on the transfer of functions to the Registrars of the Boards of Appeal, which replaces the Decision of the Presidium of the Boards of Appeal dated 12 November 2007 concerning the transfer of functions to the Registrars of the Boards of Appeal (Supplement to OJ EPO 1/2008, 49).
All terms and pronouns referring to persons in this text apply irrespective of gender.
Transfer of functions
(1) Pursuant to Article 6(2) RPBA, the execution of the functions set out in Article 2 shall be entrusted to the Registrars of the Boards of Appeal.
(2) The transfer of a function to a registrar under the present decision shall not affect the competence of the Board of Appeal to take decisions itself.
The execution of the following functions shall be entrusted to the Registrars of the Boards of Appeal:
(1) Communication to the appellant that the appeal will probably be rejected as inadmissible under Rule 101(1) EPC;
(2) Communication to the intervener as directed by the Board that the intervention filed in the pending appeal proceedings will probably be rejected as inadmissible under Rules 77(1), 89(2) and 100(1) EPC;
(3) Communication to the appellant that the appeal does not comply with Rule 99(1)(a) EPC and invitation to remedy the deficiencies noted (Rule 101(2) EPC);
(4) Communication to the intervener that the intervention filed in the pending appeal proceedings does not comply with Rule 76(2)(a), (b) and (d) EPC and invitation to remedy the deficiencies noted (Rules 89(2), 77(2) and 100(1) EPC);
(5) Inviting the party concerned to sign an unsigned document and specifying a time limit for doing so (Rules 50(3) and 99(3) EPC);
(6) Examining whether a representative has been appointed in the prescribed manner, and examining authorisations; related communications under Rule 152(2), (3) and (6) EPC;
(7) Communication relating to a loss of rights under Rule 112(1) EPC;
(8) Informing the party concerned under the final part of the second sentence in Rule 112(2) EPC;
(9) Granting of requests for further processing (Article 121 EPC);
(10) Notification of the statement of grounds of appeal to any other party (Article 12(1)(c) RPBA);
(11) Communication of the Board's decision to extend a time limit under Rule 132(2) EPC and Article 12(7) RPBA;
(12) Communication of the Board's decision to refuse a request for extension of a time limit under Rule 132(2) EPC and Article 12(7) RPBA;
(13) Communication of documents to the parties to the proceedings;
(14) Information to other parties on the filing of items or documents which are not available in the file for inspection online via the European Patent Register or are not easily legible;
(15) Requesting the submission of comments or filing of documents as directed by the Board;
(16) Communication of observations by third parties to the parties to the proceedings (Rule 114(2) EPC);
(17) Summons to oral proceedings as directed by the Board (Rule 115(1) EPC and Article 15a RPBA);
(18) Informing parties of any change to the date and/or format of oral proceedings decided by the Board (Article 15(2) and/or Article 15a RPBA);
(19) Summons to give evidence under Rule 118 EPC as directed by the Board;
(20) Making arrangements for interpretation pursuant to Article 7 RPBA;
(21) Communication to parties under Rules 84(1) and 100(1) EPC informing them of the surrender or lapse of the patent;
(22) Preparatory measures with regard to a decision ordering the revocation of a patent on grounds of an express or implied declaration by the proprietor of the patent that they do not agree with any version of the text;
(23) Initiating reimbursement of fees as directed by the Board, in particular under Rule 103 EPC;
(24) Instructions for reimbursing fees in cases in which no order by the Board to that effect is required;
(25) Inviting the applicant to comment on the request for file inspection under Article 128(1) EPC and granting inspection where they give their consent;
(26) Conducting the file inspection procedure as instructed by the Board where Article 128(2) EPC applies;
(27) Granting file inspection where Article 128(3) and (4) EPC applies;
(28) Communication of information contained in the files under Rule 146 EPC;
(29) Creating and updating a consolidated list of documents submitted by parties during inter partes appeal proceedings, as directed by the Board;
(30) Making documents attached to party submissions available in paper form at the request of a party;
(31) Inviting the applicant or patent proprietor under Rules 53(3) and 99(3) EPC to provide a translation of the previous application into one of the official languages;
(32) Communication relating to the termination of appeal proceedings without any written final decision of the Board;
(33) Preparatory measures with regard to a decision to reject an appeal as inadmissible under Article 108, third sentence and Rule 101(1) EPC because the statement of grounds of appeal is missing or was not filed in time;
(34) Insofar as not covered by the above, notification according to Article 119 EPC in conjunction with Rules 125 to 130 EPC and examination of proof of notification.
Entry into force
This decision shall enter into force on 1 January 2023 and replaces the decision of the Presidium of the Boards of Appeal dated 12 November 2007 (Supplement to OJ EPO 1/2008, 49).
Done at Haar on 9 December 2022
For the Presidium