The Boards of Appeal are the final judicial instance in the procedures before the European Patent Office (EPO). They have the task of reviewing contested decisions of the Office’s departments of first instance according to the European Patent Convention (EPC).

Any party, who is adversely affected by the Opposition Division’s decision, can appeal. Where the patent is maintained in an amended form after an opposition, it is common for both patentee and opponent(s) to file an appeal.

According to the European Patent Office (EPO) annual report of the Boards of Appeal 2023, 3,435 cases were settled in 2023.

In the last years, about 60 % of the appeals were at least partially successful: in about 9% of cases the opposition proceedings were resumed, in 23% of cases patents were maintained in an amended form, in 5% of cases patents were upheld as granted, and in 35% of cases patents were revoked (2020). Therefore, the appeal proceedings provide a realistic chance for challenging decisions of  opposition procedures.

The appeal proceeding includes

• Filing of an appeal, whereby the notice of appeal must be filed and the official fee paid within two months of receipt of the written decision of the Opposition Divisions, and the grounds of appeal must be filed within four months of the written decision,
• Response of the other party to the appellant’s grounds of appeal (four months),
• Summons of the Boards to attend oral proceedings,
• Preliminary opinion of the Board, and
• Oral proceedings at which the parties present their arguments and the Board announces its decision (final).

If you have any questions about appeal proceedings, please feel free to contact us.