According to rule 101 of the European Paten Convention (EPC) Implementing Regulations (IR)

(1) If the appeal does not comply with Articles 106 to 108, EPC (regarding decisions subject to appeal, persons entitled to appeal and to be parties to appeal proceedings and time limit and form) Rule 97 or Rule 99, paragraph 1(b) or (c) or paragraph 2, of the EPC IR (regarding appeal against apportionment and fixing of costs, content of the notice of appeal and the statement of grounds) the Board of Appeal shall reject it as inadmissible, unless any deficiency has been remedied before the relevant period under Article 108 (four months of notification of the decision ) has expired.

(2) If the Board of Appeal notes that the appeal does not comply with Rule 99, paragraph 1(a) (of the EPC IR , it shall communicate this to the appellant and shall invite him to remedy the deficiencies noted within a period to be specified. If the deficiencies are not remedied in due time, the Board of Appeal shall reject the appeal as inadmissible.

Prepared April 5th , 2024

by European Patent Registration and Consulting Services
prov. by Lawyers Antevski,– European patent law services
Tel.+41 76 7094620; ; Tel.+38970 260 389;
Fax. +389 2 3239 168; Fax.+4989 919454;