Another new procedure under EPC 2000 allows a party adversely affected by a decision of a board of appeal to file a petition for review by the Enlarged Board of Appeal, although the grounds for filing such a petition are restricted. The main grounds for filing a petition for review are as follows:

• wrong composition of the board of appeal;
• fundamental violation of Article 113 (right to be heard and basis for decisions);
• fundamental procedural defect (e.g. requested oral proceedings not arranged; no decision made on a relevant request); and
• a criminal act which may have had an impact on a decision.

There is an obligation to raise any objections to fundamental procedural defects as they arise during appeal proceedings. It will be interesting to observe how this procedure will play out over the next few years once EPC 2000 is in force.