The Administrative Council of the European Patent Office (EPO) has rejected the proposal from the President, Benoit Battistelli, (reported here) which would have seen them bypass the Enlarged Board and proceed directly to dismissal of a Board of Appeal member, contrary to Article 23 EPC. Instead, the matter has been formally referred to the Enlarged Board with a request that it make a proposal for dismissal. The decision appears at the end of their Communiqué, posted in full below.While this was the only credible course of action, the AC delegates are nevertheless to be commended for resisting the pressure from the President to bypass the niceties of due process.Munich, 15 October 2015145th meeting of the Administrative Council of the European Patent Organisation (Munich, 14-15 October 2015)The Administrative Council held its 145th meeting in Munich on 14 and 15 October 2015 with Jesper Kongstad, Director General of the Danish Patent Office, in the chair.After the…
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