At the EPO several possibilities for a control of Board of Appeal decisions are discussed

At the EPO, the issue is discussed that there is no strict separation between the administration of the Office and the jurisdiction. The enlarged Board of Appeal has recently in a landmark decision (R 19/12) objected that a presiding judge at the Board of Appeal was at the same time a high-ranking member of the administration. One of the discussed possibilities is to have EPO Board of Appeal decisions controlled by the Court of Justice of the European Union. This idea, however, is rather ambitious since the EPO is not embedded in the European Union but rather the result of the European Patent Convention having 38 Member States, only 28 of which are EU Member States.