Article 23(4) OJ 1985, 249: Decision of the Presidential Council of the Boards of Appeal dated 31 May 1985 concerning the transfer of functions to the Registrars of the Boards of Appeal


 

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Ancillary Regulations    
Part I List of regulations Part II
Article 23(4) Article 20 Article 33
Article 23(4) OJ 1985, 249: Decision of the Presidential Council of the Boards of Appeal dated 31 May 1985 concerning the transfer of functions to the Registrars of the Boards of Appeal Article 23(4) OJ 2003, 89: RULES OF PROCEDURE OF THE BOARDS OF APPEAL Article 23(4) OJ 2003, 419: Guidance for parties to appeal proceedings and their representatives
 

Article 23(4) - OJ 1985, 249

 

Decision of the Presidential Council of the Boards of Appeal dated 31 May 1985 concerning the transfer of functions to the Registrars of the Boards of Appeal


 

- OJ 1985, 249
as amended OJ 2002, 590 -


 

The authority referred to in Rule 10(2) of the Implementing Regulations to the European Patent Convention - Having regard to Article 5 of the rules of Procedure of the Boards of Appeal - has decided as follows:


 

Article 1
Transfer of functions


 

(1)

Pursuant to Article 5(2) of the Rules of Procedure of the Boards of Appeal, the execution of the functions set out in Article 2 shall be entrusted to the Registrars of the Boards of Appeal.


 

(2)

The transfer to a Registrar of the execution of a function falling to a Board of Appeal shall not prejudice the competence of the Board to take decisions itself.


 

Article 2
Transferred functions


 

The execution of the following functions shall be entrusted to the Registrars of the Boards of Appeal:


 

(1)

Notification of the appellant that the appeal does not comply with the provisions or Rule 64(a) EPC and invitation to remedy the deficiencies noted (Rule 65(2) EPC);


 

(2)

Notification of the appellant that the appeal will probably be rejected as inadmissible under Rule 65(1) EPC;


 

(3)

Referral of requests for inspection of files to the applicant for comment under Article 128(1) EPC and granting inspection where he gives his consent;


 

(4)

Conducting the file inspection procedure as instructed by the Board where Article 128(2) EPC applies;


 

(5)

Granting inspection of files where Article 128(3) and (4) EPC applies;


 

(6)

Communication of information contained in the files under Rule 59 EPC;


 

(7)

Issuing priority documents;


 

(8)

Summoning to oral proceedings under Rule 71(1) EPC when directed by the Chairman;


 

(9)

Summoning to give evidence under Rule 72(2) EPC when directed by the Chairman;


 

(10)

Notification of loss of rights under Rule 69(1) EPC and communication of information as to possible legal remedies therefore (re-establishment of rights, further processing);


 

(11)

Notification of the person concerned under the final part of the second sentence in Rule 69(2) EPC;


 

(12)

Setting the time limit for filing the reply to the statement of the grounds of appeal;


 

(13)

Notification that the Board has decided to extend a time limit under Rule 84 EPC;


 

(14)

Granting of requests for further processing (Article 121 EPC);


 

(15)

Requesting parties to file in a sufficient number of copes documents that have to be communicated to other persons (Rule 36(4) EPC);


 

(16)

Communication of documents to the other parties to the proceedings;


 

(17)

Inviting parties to sign unsigned documents and laying down a time limit for doing so (Rule 36(3) EPC);


 

(18)

Examining whether a representative has been appointed in the prescribed manner, and examining authorisations and related communications as directed by the Chairman of the Board;


 

(19)

deleted1


 

(20)

Notification of the opponent that the patent has been surrendered of has lapsed (Rule 60(1) EPC);


 

(21)

Issuing instructions for fees to be refunded in cases in which no order by a Board of Appeal to that effect is required;


 

(22)

Preparative preliminary actions aiming at a decision ordering the revocation of a European patent on grounds of an express or implied declaration by the proprietor of the patent that he does not agree with any version of the text.


 

Article 3


 

This Decision shall enter into force on 1 July 1985.


 

Done at Munich, 31 May 1985.
For the authority referred to in Rule 10, paragraph 2,
The Chairman
Paul Braendli


______________________

 

1

Deleted according the decision of the Presidential Council of the Boards of Appeal dated July 15, 2002, OJ EPO 2002, 590.