EPO Boards of Appeal amend their rules
The Boards of Appeal of the European Patent Office (EPO) have made some interesting changes to their working practice. Two amendments to the Rules of Procedure of the Boards of Appeal (RPBA) which will affect both parties and their advisors became effective on 1st January 2024.
The changes which are discussed on the EPO’s website (EPO) relate to Article 13(2) and Article 15(1) RPBA.
Article 13(2) RPBA specifies a deadline after which any amendments to a party’s case are not to be taken into consideration by the Board unless there are exceptional circumstances. Previously, this deadline was initiated by the issuance of a summons to oral proceedings but this has been changed such that the critical date is now the issuance of the Board’s Preliminary Opinion under Article 15(1) RPBA.
For Article 15(1) RPBA, it was the case that the Boards were encouraged not to issue a summons to oral proceedings until two months had elapsed following the filing of a reply to an appeal. This has now been changed to mandate that at least one month must elapse following a reply before a summons may be issued.
The EPO state that these changes are aimed at improving efficiency of appeal proceedings and at reducing backlogs. The change to Article 13(2) should delay the triggering of the deadline after which case amendments are to be denied consideration as the Preliminary Opinion is often provided later than the summons. Time will tell whether the change to Article 15(1) RPBA will have a significant impact.
Another proposal to reduce the period allowed for a party to reply to a Grounds of Appeal from four months to two months under Article 12(1) RPBA has not been adopted. The Boards suggested that this may also be a way of improving efficiency and timeliness, but following a consultation exercise, it did not find favour with practitioners or user groups. This can be seen as a positive outcome, but it is noted that the Boards have said that they may revisit the idea in the future.
Should you have any questions about these changes, or on any other aspect of EPO procedure and practice, please contact us at Mathisen & Macara