European Patent Office: Reform of the EPO appeal boards

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Cookies Settings

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

A wave of office launches and lateral hires reflect the enduring patent disputes market, but booming AI, semiconductor and data centre markets are offering an even bigger IP opportunity
The hire of Frederick Nicolle as a partner continues Pinsent Masons' expansion while reducing Simmons’ patent prosecution offering in London to zero
The expansion into Granada forms part of a national ‘decentralisation’ strategy focused on providing proximity to research and tech businesses away from traditional hubs
Three successive wins have got the firm eyeing additional opportunities as ITC work booms
While many firms remain focused on generative AI, recent hires and practice launches suggest the next battle may be for lawyers who understand how AI is moving into the physical world
The explosion of data centres has prompted patent pool operators to create new licensing opportunities
The court struck out copyright claims brought by Ladbrokes owner Entain, saying that ownership details should have been completed before litigation began
Düsseldorf has overtaken Munich as the UPC's busiest division, while firms including Winston Taylor, Clifford Chance, and Hoyng Rokh Monegier featured in disputes involving Abbott, Essity, Amazon and Hurom
The managing partner gave up an equity partnership track in New York to build a practice in India. More than a decade later, she discusses entrepreneurship, leadership, and why women should not wait before taking the next step
Vice presidents Shinya Jitsuhiro and Hirohisa Suzuki discuss litigation trends in Japan, recruitment challenges and clients’ international expansion
Gift this article