The
European Patent Convention (EPC), the multilateral
treaty instituting the legal system according to which European patents are granted, contains provisions allowing a party to appeal a decision issued by a first instance department of the
European Patent Office (EPO). For instance, a decision of an Examining Division refusing to
grant a European patent application may be appealed by the applicant. The
appeal procedure before the European Patent Office is under the responsibility of its Boards of Appeal, which are institutionally independent within the EPO.