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Decision of the Presidium of the Boards of Appeal dated 12 November 2007 concerning the transfer of functions to the Registrars of the Boards of Appeal

Supplement to OJ EPO 1/2008, 49

The Presidium,

in accordance with Rule 10, paragraph 1, EPC 1973,

having regard to Article 5, paragraph 2, of the present Rules of Procedure of the Boards of Appeal,

hereby decides to adopt the following new text of the 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, as amended on 15 July 2002:

Article 1

Transfer of functions

(1) Pursuant to Article 6(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 of a task effected by the present decision shall not prejudice the competence of the Board of Appeal 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) Communication to the appellant that the appeal will probably be rejected as inadmissible under Rule 101(1) EPC;

(2) Communication to the intervener as directed by the Board that the intervention filed in the pending appeal procedure will probably be rejected as inadmissible under Rule 77(1) EPC (Rule 89(2) EPC);

(3) Communication to the appellant that the appeal does not comply with Rule 99(1)(a) EPC and invitation to remedy the deficiencies noted (Rule 101(2) EPC);

(4) Communication to the intervener that the intervention filed in the pending appeal procedure does not comply with Rule 76(2)(a), (b) and (d) EPC and invitation to remedy the deficiencies noted (Rule 89(2), 77(2) EPC);

(5) Inviting the party concerned to sign an unsigned document and specifying a time limit for doing so (Rule 50(3) EPC);

(6) Examining whether a representative has been appointed in the prescribed manner, and examining authorisations; related invitations;

(7) Communication of loss of rights under Rule 112(1) EPC;

(8) Informing the party concerned under the final part of the second sentence in Rule 112(2) EPC;

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

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

(11) Communication of the Board's decision to extend a time limit under Rule 132(2) EPC;

(12) Requesting the parties to file documents (Article 12(2)(b) of the Rules of Procedure of the Boards of Appeal) as directed by the Board;

(13) Communication of documents to the parties to the proceedings;

(14) Communication of observations by third parties to the parties to the proceedings (Rule 114(2) EPC);

(15) Notification according to Article 119 in conjunction with Rules 125 to 130 EPC and examination of proof of notification;

(16) Summons to oral proceedings under Rule 115(1) EPC as directed by the Chairman;

(17) Summons to give evidence under Rule 118(2) EPC as directed by the Chairman;

(18) Making arrangements for interpretation pursuant to Article 7 of the Rules of Procedure of the Boards of Appeal;

(19) Communication to the opponent informing him of the surrender or lapse of the patent (Rule 84(1) EPC);

(20) Preparatory measures with regard to a decision ordering the revocation of a 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;

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

(22) Inviting the applicant to comment on the request for file inspection under Article 128(1) EPC and granting inspection where he gives his consent;

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

(24) Granting file inspection where Article 128(3) and (4) EPC applies;

(25) Communication of information contained in the files under Rule 146 EPC.

Article 3

Entry into force

This decision shall enter into force upon entry into force of the revised text of the European Patent Convention in accordance with Article 8 of the Revision Act.

Done at Munich on 12 November 2007

For the Presidium

The Chairman

Peter MESSERLI