Search This Blog

Labels


At the "User consultation conference Rules of Procedure of the Boards of Appeal" in Munich on 5 December 2018, users of the system the opportunity to hear presentations by members of the Boards of Appeal on the revised draft, followed by panel discussions by members of the Boards of Appeal Committee, the Boards of Appeal and representatives of user associations.
A first public draft of the RPBA was subject to an online user consultation procedure in early 2018. In light of the responses received, the second version was drafted, including newly introduced provisions on case management. This revised draft of the Rules of Procedure of the Boards of Appeal (RPBA) was agreed upon by Boards of Appeal Committee (BOAC) and the President of the Boards of Appeal, and formed the basis for the conference.
The revised draft shows major changes to case management issues as well as to Article 12 "Basis of appeal proceedings" and Article 13 "Amendment to a party's appeal case" of the RPBA, which may change the rules of the game (jn appeal and in first instance as well!) as of 2020.
Today, 14 December 2018, a report on the user consultation conference was posted on the website of the Boards of Appeal. The report can be found here and is shown in full below.

R 8/13 - Call for a Diplomatic Conference

1973 diplomatic conference

Prior to the oral proceedings in petition for review proceedings before the Enlarged Board in its five-member composition, the petitioners, by letter dated 2 June 2014, filed further submissions in support of their petition and, on pages 12 and 13 of those submissions, stated with reference to R 19/12 that: "In any event as an auxiliary measure and in order to safeguard the rights of the petitioners-patentees and not to be precluded in other proceedings, we herewith object to the chairman of the current composition of the Enlarged Board of Appeal in this case for suspicion of partiality in line with the reasoning of R 19/12".

The reader may find the below worthwhile in view of the EPO's Online consultation: Boards of Appeal (click here), where the The European Patent Office invites of users of the European patent system concerning to suggest and comment on possible improvements of the functioning of the Boards of Appeal with respect to both their autonomy and the perception of their independence and their efficiency. The user consultation will run until 30 June 2015.
The consultation is done in the context of a structural reform of its Boards of Appeal that has been launched by the European Patent Organisation. The main features of the proposed reform are described in the document (CA/16/15 (pdf)), which has been presented by the European Patent Office to the Administrative Council in March and has met with broad support. The aim of the reform is to ensure and increase the organisational and managerial autonomy of the Boards of Appeal, the perception of their independence as enshrined in Article 23 EPC, as well as their efficiency within the legal framework of the current European Patent Convention. 
See also the EPO News message of 30 April 2015.