patent application before the European Patent Office (EPO)?
A ‘protest’ is intended to remedy fundamental wrongs made by the
EPO.
Under article 112a EPC, a ‘protest’ is available if:
(a)a member of the Board of Appeal took part in the decision in
breach of Article 24,
(b)the Board of Appeal included a person not appointed as a
member of the Boards of Appeal;
(c)a fundamental violation of Article 113 occurred;
(d)any other fundamental procedural defect occurred in the appeal
proceedings; or
(e)a criminal act occurred. e.g. Perjury, bribery, corruption.
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Always check with your IP consultant.
