"Appeal stage - inter partes appeals" [2020] ELECD 146; in Muller, O. Marcus; Mulder, A.M. Cees (eds), "Proceedings Before the European Patent Office" (Edward Elgar Publishing, 2020) 105

Book Title: Proceedings Before the European Patent Office

Editor(s): Müller, O. Marcus; Mulder, A.M. Cees

Publisher: Edward Elgar Publishing

Section: Chapter 4

Section Title: Appeal stage – inter partes appeals

Number of pages: 85

Abstract/Description:

The boards of appeal are responsible for the examination of appeals from decisions of the receiving section, the examining divisions, the opposition divisions and the legal division. The appeal has suspensive effect. Appeals against decisions of the opposition division (see Figure 4.1) are referred to as inter partes appeals since more than one party is involved, while appeals against decisions of an examining division to refuse a patent application are referred to as ex parte appeals. The present chapter refers to inter partes appeal proceedings. The observations in relation to this type of appeal largely apply in the same way to ex parte appeals. In the next chapter (Chapter 5), aspects of ex parte appeals will be discussed in as far as they are different from inter partes appeals.