Rule 87

Grounds for annulling or altering a decision of the Office

Rules of Procedure

Part 1 – Procedures before the Court of First Instance

Chapter 1 – Written procedure

Section 6 – Action against decisions of the European Patent Office in carrying out the tasks referred to in article 9 of regulation (eu) no 1257/2012

Rule 87 – Grounds for annulling or altering a decision of the Office

An action against a decision of the Office may be brought on grounds of:

(a) infringement of Regulation (EU) No 1257/2012 or of Regulation (EU) No 1260/2012 or of any rule of law relating to their application;

(b) infringement of any of the implementing rules of the European Patent Office for carrying out the tasks referred to in Article 9(1) of Regulation (EU) No 1257/2012;

(c) infringement of an essential procedural requirement;

(d) misuse of power.

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Relation with Agreement:

Relation with Statute:

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Rule 88 – Application to annul or alter a decision of the Office