Talk:Appeal procedure before the European Patent Office

Citing sources

I have removed the following sentences which do not cite sources (WP:RS):

The members of the EPO Boards of Appeal presently can not be considered to be independent judges, as they are only appointed for a five year term, with the possibility of being re-elected (Art. 23 EPC). A Board of Appeal member not making 'desired' decisions may loose his job. So the EPO Boards of Appeal do not qualify as an 'independent court' in the sense of e.g. Art. 6(1) of the European Convention for the protection of Human Rights ('Fair Trial'). So theoretically, appeal against a BoA decision before a regular, independent court is possible.

The assertion that the members of the EPO Boards of Appeal are not independent judges despite the title of Art. 23 EPC: "Independence of the members of the Boards" cannot be inserted in the article unless a proper reliable source is added ("When reporting facts, Wikipedia articles should cite sources"). The assertion that "a Board of Appeal member not making 'desired' decisions may loose his job" is unverifable. And the two last sentences are original research. --Edcolins 10:09, 30 August 2006 (UTC)

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Not NPOV

The article appears to be written by the EPO itself, in that it "sells" the alleged independence of the Boards of Appeal. However, the members of the boards of appeal must be reappointed after 5 years by the EPO Administrative Council, a body that in practice represents the patent offices of the member states. In addition, EPO Board of Appeal members originate from the EPO, so they are unlikely to have an innovative new opinion. Rbakels (talk) 09:42, 9 July 2019 (UTC)

Hi Rbakels (talk · contribs), thanks for the note. If you can provide additional, reliable sources, I would be happy to improve this section based on those. The intention was certainly not to "sell" the independence of the Boards of Appeal (I must have written most of it). Cheers. --Edcolins (talk) 19:15, 11 July 2019 (UTC)

It is not that complicated. The article says "institutionally independent within the EPO". The European Patent Convention, the treaty that governs the EPO, gives rules for the members of the boards of appeal in art. 11 and 23. They are appointed for a limited term, and may be reappointed. The EPO President and the "Administrative Council" have a strong influence. The latter is a board with members from memebr states, typically the head of the national patent office, and/or an employee from the Ministry of Economic Affairs.So it is not nearkly independent! Rbakels (talk) 15:08, 1 August 2019 (UTC)