Filing an appeal
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189
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Appeals may be filed against decisions of the Receiving Section, the examining divisions, the opposition divisions and the Legal Division. An appeal has suspensive effect, which means that the contested decision does not yet become final (no formal res judicata) and its effects are suspended.
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Art. 106
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190
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Notice of appeal must be filed in writing within two months after the date of notification of the contested decision. It is not deemed to have been filed until the appeal fee has been paid. Within four months after the date of notification of the decision, a written statement setting out the grounds of appeal must be filed. The above time limits cannot be extended.
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Art. 108
R. 78
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191
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The notice of appeal and the statement of grounds may also be filed by telegram, telex or fax. The Registry of the boards of appeal as a rule requests written confirmation only if the quality of the document filed is deficient.
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R. 36(5)
OJ 2003, 419
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(b)
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a statement identifying the contested decision and the extent to which amendment or cancellation is requested.
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193
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The statement of grounds should give a succinct but full account of the appellant's arguments. As appeal proceedings are in practice mostly conducted by written procedure, arguments should always be presented in writing and not reserved for possible oral proceedings.
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The Registry gives each appeal its own reference number, which must be used throughout the appeal proceedings.
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D. The European patent grant procedure
Interlocutory revision
