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

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

Despite a broader slowdown in US IP partner hiring in 2025, litigation demand drove aggressive lateral expansion at select firms
Winston Taylor is expected to launch in May 2026 with more than 1,400 lawyers across the US, UK, Europe, Latin America and the Middle East
News of White & Case asking its London staff to work from the office four days a week and a loss for Canva at the Delhi High Court were also among the top talking points
With boutiques offering an attractive alternative to larger firms, former Gilbert’s partner Nisha Anand says her new firm will be built on tech-smart practitioners, flexible fees, and specialised expertise
IP specialists Jonathan Moss and Jessie Bowhill, who worked on cases concerning bitcoin, Ed Sheeran, and the Getty v Stability AI dispute, received the KC nod
Hannah Brown, an active AIPPI member, argues that DEI commitments must be backed up with actions, not just words
A ruling in the Kodak v Fujifilm dispute and a win for Google were among the major recent developments
Nick Aries and Elizabeth Louca at Bird & Bird unpick the legal questions raised by a very public social media spat concerning the ‘Brooklyn Beckham’ trademark
Michael Conway, who joined Birketts after nearly two decades at an IP boutique, says he was intrigued by the challenge of joining a general practice firm
The private-equity-backed firm said hires from DLA Piper and Eversheds Sutherland will help it become the IP partner of choice for innovative businesses
Gift this article