(1)
If the department whose decision is contested considers the appeal to be admissible and well founded, it shall rectify its decision. This shall not apply where the appellant is opposed by another party to the proceedings.
What is EPC 109?
This is Article 109 from the EPC (Europäisches Patentübereinkommen), which is part of the legal framework governing the Unified Patent Court in Europe.
Legal Text
(2)
If the appeal is not allowed within three months of receipt of the statement of grounds, it shall be remitted to the Board of Appeal without delay, and without comment as to its merit.
Applied In
Loading judgments...
Official Source
This legal text is from the official EPC framework governing the Unified Patent Court.
Reference: EPC 109 (Article 109)