T 1990/18 - The three month period of Art.15(9) RPBA

Key points

• Art.15(9)(a) RPBA prescribes that where a Board announces a decision during oral proceedings " the Board shall put the decision in writing and despatch it within three months of the date of the oral proceedings". The provision adds that "If the Board is unable to do so, it shall inform the parties when the decision is to be despatched"  and that "The President of the Boards of Appeal shall also be informed thereof." 
• The Explanatory Remark adds that: "The new provision emphasises the ongoing commitment of the Boards to despatching their decisions in good time." 
• The decision in the present case was taken 05.11.2021 and notified in writing 26.04.2022. The public file does not show any notification of the parties under Art.15(9)(a) RPBA.
• Of course, in principle, such a notification could be present in the non-public part of the file. 
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EPO T 1990/18 -

The link to the decision is provided after the jump, as well as (an extract of) the text of the decision.

https://www.epo.org/law-practice/case-law-appeals/recent/t181990eu1.html

IX. Oral proceedings were held by videoconference, as requested by the parties. At the end of the proceedings the Chair announced the decision of the board.