European patent - Further fundamental procedural defects

According to rule 104 of the European Patent Convention (EPC) Implementing Regulations (IR)
A fundamental procedural defect under Article 112a, paragraph 2(d) of the EPC (consisting of any other fundamental procedural defect defined in the Implementing Regulations occurred in the appeal proceedings), may have occurred where the Board of Appeal,

(a) contrary to Article 116 of the EPC , failed to arrange for the holding of oral proceedings requested by the petitioner, or

(b) decided on the appeal without deciding on a request relevant to that decision.

Any party to appeal proceedings adversely affected by the decision of the Board of Appeal may file a petition for review of the decision by the Enlarged Board of Appeal.

Prepared May 9th , 2024

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