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EPO – The independence of the Boards of Appeal

02 Feb 2015

The independence of the Boards of Appeal  – Responsibilities of the Administrative Council, by Michael Wallinger, Wallinger Ricker Schlotter Tostmann

This Blog has recently published an open letter  of the European Patent Lawyers Association (EPLAW) to the Delegations of the Administrative Council (AC) of the EPO. EPLAW joined the chorus of patent professionals expressing their concerns about the temporary removal of a member of the Boards of Appeal (BoA) from office, as ordered by the President of the EPO and confirmed by the AC. In addition to public discussions among patent professionals, further developments regarding the status of the BoA have taken place "behind the scenes". The following is a summary of proposed or already enacted measures that have come to my attention: Among others, the AC adopted in its December meeting an amendment to the Service Regulations  affecting the status of the members of the BoA as civil servants of the EPO. Inter alia, this amendment provides the following:

Read the entire contribution here.