Reformatio in peius
Encyclopedia
is a Latin phrase used in law
meaning that a decision from a court
of appeal
is amended to a worse one.
The case law
of the Boards of Appeal of the European Patent Office
(EPO) does not allow a decision at appeal to put a sole appellant in a worse position. Hence in relation to appeals, the term "prohibition of reformatio in peius" basically means that a person should not be placed in a worse position as a result of filing an appeal. Thus, in general, EPO Boards of Appeal are prevented in opposition appeal proceedings from going beyond the request of a sole appellant to put it in a worse position that it was before it appealed. The central case detailing this principle is G 4/93 consolidated with G 9/92.
Still under the case law of the boards of appeal of the EPO, the doctrine of reformatio in peius does not however apply separately to each point or issue decided, or to the reasoning leading to the impugned decision.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
meaning that a decision from a court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
of appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
is amended to a worse one.
The case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
of the Boards of Appeal of the European Patent Office
Appeal procedure before the European Patent Office
Decisions of the first instances of the European Patent Office can be appealed, i.e. challenged, before the Boards of Appeal of the EPO, in a judicial procedure , as opposed to an administrative procedure. These boards act as the final instances in the granting and opposition procedures before the...
(EPO) does not allow a decision at appeal to put a sole appellant in a worse position. Hence in relation to appeals, the term "prohibition of reformatio in peius" basically means that a person should not be placed in a worse position as a result of filing an appeal. Thus, in general, EPO Boards of Appeal are prevented in opposition appeal proceedings from going beyond the request of a sole appellant to put it in a worse position that it was before it appealed. The central case detailing this principle is G 4/93 consolidated with G 9/92.
Still under the case law of the boards of appeal of the EPO, the doctrine of reformatio in peius does not however apply separately to each point or issue decided, or to the reasoning leading to the impugned decision.