European Patent Office: Reform of the EPO appeal boards

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

European Patent Office: Reform of the EPO appeal boards

The supervisory authority of the EPO, the Administrative Council, decided in its July meeting on the long-debated structural reform of the Boards of Appeal. Despite rumours that the Boards would be moved away from Munich to for example Berlin or Vienna, the AC eventually decided that the Boards will remain in Munich, albeit in premises not shared with other departments of the EPO.

The Council also decided on an organisational reform which entails "a better cost coverage for appeals". According to a report presented by the president of the EPO to the Council, the ratio of the income of the Boards of Appeal to their costs amounted to just 4.2% in 2015, whereas a cost coverage of about 20%-25% purportedly could be reached by increasing the appeal fee and improvement of efficiency.

A first increase of the appeal fee is envisaged to come into effect in 2018, and the ultimate 20%-25% cost coverage goal is aimed at within the next five years.

In addition to predictable concerns among users of the EPO as regards preservation of quality and independence of appeal decisions, the EPO's ambitions with regard to cost coverage are seen as problematic by many due to the future increase of the appeal fee. A four- or five-fold increase of the appeal fee may well prove prohibitive to appeals, even in respect of clearly flawed first-instance decisions, or may put a heavy economic burden on parties to proceedings in respect of cases which are subject to multiple appeals in respect of the same patent or patent application.

Initiatives to reduce the risk of cases ping-ponging between the Boards of Appeal and the lower instances, as well as initiatives to increase predictability and quality of first-instance decisions, would seem appropriate and necessary if the appeal fee in fact increases significantly within the next five years.

frederiksen.jpg

Jakob Pade Frederiksen


Inspicos P/SKogle Allé 2DK-2970 HoersholmCopenhagen, DenmarkTel: +45 7070 2422Fax: +45 7070 2423info@inspicos.comwww.inspicos.com

more from across site and SHARED ros bottom lb

More from across our site

The Delhi High Court declined to stop Dr. Reddy’s from manufacturing Novo Nordisk’s drug, but will continue to hear the Danish company’s injunction application
More than 80 women have entered the top 250 list this year, which includes trailblazing practitioners from more than 50 jurisdictions
IP STARS, Managing IP’s accreditation title, reveals its latest trademark rankings and discloses which firms dominated their respective markets
Today’s rankings release marks a special moment in Managing IP’s calendar, and lawyers should feel proud of their achievements
A new dispute involving Mondelēz and Aldi, and a copyright ruling related to 'Eleanor’ Ford Mustangs were also among the top talking points this week
Via LA’s Qi wireless charging patent pool now covers more than 50% of all SEPs in the space
Vida Panganiban-Alindogan at SyCip Salazar Hernandez & Gatmaitan discusses IP valuation and why no IP practice area is more important than the other
The IP team at Morais Leitão discusses high-stakes litigation, strategic partnerships with clients, and bolstering cross-border expertise
Eszter Szakács discusses 5.30 am wake-ups, legal mind games, and eating Nutella in the middle of the night
Counsel explain how AI can create brand protection headaches, but also be used to fight fakes
Gift this article