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Petition for review under the European Patent Convention
Under the European Patent Convention (EPC), a petition for review is a request to the Enlarged Board of Appeal of the European Patent Office (EPO) to review a decision of a board of appeal. The procedure was introduced in when the EPC was revised in 2000, to form the so-called "EPC 2000".〔Julian Cockbain, ''Petitions for review of European Patent Office (EPO) Appeal Board decisions by the EPO Enlarged Board of Appeal'', Journal of Intellectual Property Law & Practice (2009) 4 (12): 876-892. .〕 A petition for review can essentially only be based on a fundamental procedural defect.〔 Its purpose is not to obtain a reconsideration of the application of substantive law, such as points relating to patentability.〔〔EPO web site, (''Frequently asked questions about the revised European Patent Convention (EPC 2000)'' ), item 14. Consulted on October 31, 2007.〕 The petition is a restricted form of judicial review, limited to examining serious errors of procedure which might have been committed by the Legal or Technical Boards of Appeal, prejudicing the right to a fair hearing of one or more appellants.〔(Basic proposal for the revision of the EPC, MR/2/00 )〕 Before the entry into force of the EPC 2000 in December 2007, it was not possible for a party who did not have his requests granted in an appeal to challenge the final decision of the Legal or Technical Board of Appeal on any grounds.〔(Enlarged Board of Appeal Decision G1/97 )〕
== Requirements and effects ==
A party to appeal proceedings may file a petition for review. To do so, the party must however have been adversely affected by the Board of Appeal's decision. The prescribed contents of the petition for review is laid out in . The petition must be filed with a time limit of 2 months from the notification of the Board of Appeal's decision, except when based on the grounds that a criminal act had an impact on the decision of the Board of Appeal. In the later case, the petition must be filed "within two months of the date on which the criminal act has been established", but no later than five years after notification of the Board of Appeal's decision. Furthermore, a fee must be paid.
The review procedure has no suspensive effect on the Board of Appeal decision.〔 If the petition is allowable, the Enlarged Board of Appeal sets aside the decision and re‑opens proceedings before the Boards of Appeal.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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