European Patent Organisation Recent Reforms and Governance Challenges (Part II : The Boards of Appeal)

In the year 2016, the European Patent Organisation (EPOrg) implemented reforms which have brought a number of changes in the organisation and functioning of the (Enlarged) Boards of Appeal at the European Patent Office (EPO). The reforms have attracted significant attention by legal practitioners and the industry, as the Boards of Appeal hold the final word on the grant or refusal of European patent applications and the maintenance or revocation of European patentsbefore the EPO.Recently, the discussion on the independence of the Boards of Appeal at the EPOrg has reached the ILOAT ( i.e. the Administrative Tribunal of the International Labour Organisation ILO) and the German Federal Constitutional Court (Bundesverfassungsgericht).Part II of this article deals with the recent reforms of the Boards of Appeal and discusses whether they are sufficient to establish an independent judiciary within the EPOrg.Contents:Introduction to Part II4. Boards of Appeal at the European Patent Organisation - Before Reforms4.1 Organisation of the Boards of Appeal4.2 Establishing the Rules of Procedure of the Boards of Appeal4.3 (Re-)appointment of the members of the Boards of Appeal4.4 Independence of the Boards of Appeal5. Boards of Appeal at the European Patent Organisation - After Reforms5.1 Boards of Appeal Committee - a new link in the judicial governance5.2 Establishing the Rules of Procedure of the Boards of Appeal5.3 (Re-)appointment of the members of the Boards of Appeal5.4 Independence of the Boards of Appeal - a move forward or step back?