What is the final instance of appeal after a case has been decided by a technical board of appeal?
The decisions of the boards of appeal are final at European level. If, however, a patent is upheld at the end of the appeal procedure, a competitor may institute national nullity proceedings in a particular member state if, for example, he wants the patent to be invalidated in that country. If the patent in question is revoked by the technical board of appeal, there is no further legal remedy at national level. It is not possible to involve the European Court of Justice, because the legal systems of the European Patent Office – in other words the European Patent Convention – and the EU are not connected with each other.
