According to Article 112 of the European Patent Convention (EPC),
 

 (1)

In order to ensure uniform application of the law, or if a point of law of fundamental importance arises: 

(a)

the European Patent Office (EPO) Board of Appeal shall, during proceedings on a case and either of its own motion or following a request from a party to the appeal, refer any question to the Enlarged Board of Appeal if it considers that a decision is required for the above purposes. If the Board of Appeal rejects the request, it shall give the reasons in its final decision; 

(b)

the President of the European Patent Office may refer a point of law to the Enlarged Board of Appeal where two Boards of Appeal have given different decisions on that question. 

(2)

In the cases referred to in paragraph 1(a) [1] of this article the parties to the appeal proceedings shall be parties to the proceedings before the Enlarged Board of Appeal.

(3)

The decision of the Enlarged Board of Appeal referred to in paragraph 1(a) [1] of this article shall be binding on the Board of Appeal in respect of the appeal in question.

Prepared by European Patent Registration and Consulting Services GmbH

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