Binding Character of Decisions
The legal system established under the EPC differs from a common law legal system in that " does not treat (...) established jurisprudence as binding." Under the EPC, there is no principle of binding case law. That is, the binding effect of board of appeal decisions is extremely limited.
A decision of a Board of Appeal is only binding on to the department whose decision was appealed, insofar as the facts are the same (if the case is remitted to the first instance of course). However, " the decision which was appealed emanated from the Receiving Section, the Examining Division shall similarly be bound by the ratio decidendi of the Board of Appeal." However, if "a Board consider it necessary to deviate from an interpretation or explanation of the given in an earlier decision of any Board, the grounds for this deviation shall be given, unless such grounds are in accordance with an earlier opinion or decision of the Enlarged Board of Appeal."
A decision of the Enlarged Board of Appeal (pursuant to Article 112(1)(a) EPC) is only binding on the Board of Appeal in respect of the appeal in question, i.e. on the Board of Appeal which referred the question to the Enlarged Board of Appeal. Furthermore, in the event that a Board considers it necessary to deviate from an opinion or decision of the Enlarged Board of Appeal, a question must be referred to the Enlarged Board of Appeal.
Outside the European Patent Office, the decisions of the Boards of Appeal are not strictly binding on national courts, but they certainly have a persuasive authority.
Read more about this topic: Appeal Procedure Before The European Patent Office
Famous quotes containing the words binding, character and/or decisions:
“What is lawful is not binding only on some and not binding on others. Lawfulness extends everywhere, through the wide-ruling air and the boundless light of the sky.”
—Empedocles 484–424 B.C., Greek philosopher. The Presocratics, p. 142, ed. Philip Wheelwright, The Bobbs-Merrill Co., Inc. (1960)
“There are certain stereotypes that are offensive. Some of them don’t worry me, though. For instance, I have always thought that Mammy character in Gone with the Wind was mighty funny. And I just loved “Amos ‘n’ Andy” on the radio. So you see, I have enough confidence in myself that those things did not bother me. I could laugh.”
—Annie Elizabeth Delany (b. 1891)
“Every man finds a sanction for his simplest claims and deeds, in decisions of his own mind, which he calls Truth and Holiness.”
—Ralph Waldo Emerson (1803–1882)