EUROPEAN PATENT - EXAMINATION OF THE PETITION

Submitted by European Patent... on Sat, 2024-06-01 11:30

According to rule 108 of the European Paten Convention (EPC) Implementing Regulation (IR),

(1) If the petition does not comply with Article 112a, paragraphs 1, 2 or 4, of the EPC (regulating Petition for review by the Enlarged Board of Appeal) Rule 106 or Rule 107, paragraph 1(b) or 2, of the EPC IR, (regulating Obligation to raise objections and Contents of the petition for review) the Enlarged Board of Appeal shall reject it as inadmissible, unless any defect has been remedied before the relevant period under Article 112a, paragraph 4, of the EPC IR ( within two months of notification of the decision of the Board of Appeal) expires.

(2) If the Enlarged Board of Appeal notes that the petition does not comply with Rule 107, paragraph 1(a), of the EPC IR (regulating Contents of the petition for review (a) the name and the address of the petitioner) it shall communicate this to the petitioner 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 Enlarged Board of Appeal shall reject the petition as inadmissible.

(3) If the petition is allowable, the Enlarged Board of Appeal shall set aside the decision of the Board of Appeal and order the re-opening of the proceedings before the Board of Appeal responsible under Rule 12b, paragraph 4. of the EPC IR. The Enlarged Board of Appeal may order that members of the Board of Appeal who participated in taking the decision set aside shall be replaced.

Prepared, May 30th 2024

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