According to rule 109 of the European Patent Convention (EPC) Implementing Regulations (IR)

(1) In proceedings under Article 112a of the EPC (regulating Petition for review by the Enlarged Board of Appeal), the provisions relating to proceedings before the Boards of Appeal shall apply, unless otherwise provided. Rule 115, paragraph 1, second sentence (regulating Summons to oral proceedings) , Rule 118, paragraph 2, first sentence, (regulating Summons to give evidence before the European Patent Office) and Rule 132, paragraph 2 of the EPC IR (regulating periods specified by the European Patent Office), shall not apply. The Enlarged Board of Appeal may specify a period deviating from Rule 4, paragraph 1, first sentence of the EPC IR, (regulating Language in oral proceedings).

(2) The Enlarged Board of Appeal
(a) consisting of two legally qualified members and one technically qualified member shall examine all petitions for review and shall reject those which are clearly inadmissible or unallowable; such decision shall require unanimity;
(b) consisting of four legally qualified members and one technically qualified member shall decide on any petition not rejected under sub-paragraph (a) of this rule.

(3) The Enlarged Board of Appeal composed according to paragraph 2(a) of this rule, shall decide without the involvement of other parties and on the basis of the petition.

Prepared June 5th , 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;