The Chartered Institute of Patent Attorneys (CIPA) addresses the Administrative Council (AC)
Jim Boff, Chairman of the Patents Committee of CIPA (the UK's Chartered Institute of Patent Attorneys) has sent a letter to Mr Jesper Kongstad, Chairman of the EPO's Administrative Council (AC).
In this letter, CIPA is urging the AC to take interim measures to increase and copperfasten the independence of the Boards, while noting that these measures are not a substitute for amending the EPC itself:"Given the experience with ratification of EPC2000, amendment to the EPC will take too long to deal with the immediate problem, but should not be ruled out, particularly given that the Article 4a EPC conference of ministers is long overdue and the above mentioned proposal for autonomy was made over 10 years ago." A copy of the letter can be found in this post of IPKat.
IPKat concludes that: "Whether in the short term (with rule changes) or in the longer term (with an amendment of the Convention), the aim would be to set in stone the separation of powers which has been overwhelmingly demanded by the users of the EPO, Europe's patent judiciary, the EPO staff, and the members of the Appeal Boards themselves. Everyone, that is, except the management of the EPO which appears hellbent on bringing the Boards under its nurturing and protective wing."