Next week, on 11 February 2015, Board 28 of the European Patent Office will meet.Board 28 is the sub-group of the Administrative Council that is envisaged under Article 28 EPC.IPKat reports that new arrangements are proposed for the administration of the Boards of Appeal, "they are likely to be implemented very quickly and with no consultation. Users have certainly not been consulted, and Merpel understands that until now, neither have the Boards of Appeal themselves."

The new Career System adopted by the Administrative Council in its meeting in December 2014 (CA/D 10/14) already has "a number of elements that have serious consequences for the independence and impartiality of the Boards of Appeal".

"This decision of the Administrative Council is in clear contradiction with its own declaration at the end of the December 2014 meeting, reiterating its full endorsement of and support for the principle of independence of the members of the Boards of Appeal, as specifically set out in Article 23 EPC and generally embodied in internationally recognized principles of judicial independence. While formally support is expressed of the Boards’ independence, in reality measures have been put into place that go directly in the opposite direction.One can only wonder what purpose it might serve to strengthen the influence of the executive over the judiciary, with all the possible severe international consequences."