EPO Boards of Appeal chief: revised rules will increase workload
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

EPO Boards of Appeal chief: revised rules will increase workload

Carl Josefsson

In an exclusive interview with Managing IP, Carl Josefsson discusses the revised rules of procedure and addresses independence concerns

The president of the EPO’s Boards of Appeal says he is not certain whether the boards’ revised rules of procedure will result in a “front-loading of requests” but has insisted that they should make proceedings more predictable.

Speaking to Managing IP, Carl Josefsson says the revised rules will reduce a party’s options to amend its case as appeal proceedings progress and make it more difficult to withhold submissions for tactical reasons.

However, he confirms the views of some regular users of the system that there will be an increased workload for first instance departments.

“Whether these [the rules] will, in the end, really lead to a ‘precautionary front-loading’ of numerous different lines of argument remains to be seen. After all, procedural economy is in the interests of the parties too,” Josefsson says.

“What can be expected is that to some extent party submissions at first instance will become more comprehensive. It will mainly be up to the departments of first instance to manage the additional workload that this brings.”

Josefsson was reacting to claims from patent attorneys who regularly appear at the EPO and the BoA who told Managing IP that the tightening up of amendments at the appeal stage could result in a precautionary front-loading of requests, amendments and supporting evidence into first instance proceedings.

The revised rules were published at the end of June and will come into effect in January next year. 

In an extensive interview Josefsson also discusses:

·       Further details about the revised rules and their practical impact;

·       The backlog at the BoA and how it is being managed; and

·       Whether the BoA’s independence is improving under the EPO’s new management.

The full interview will be published on Managing IP shortly.

more from across site and ros bottom lb

More from across our site

EMEA research now open
Practitioners analyse a survey on how law firms prove value to their clients and reflect on why the concept can be hard to pin down
The winner of Managing IP’s Life Achievement Award discusses 50 years in IP law and how even he can’t avoid imposter syndrome
Saya Choudhary of Singh & Singh explains how her team navigated nine years of litigation to secure record damages of $29 million and the lessons learned along the way
The full list of finalists has been revealed and the winners will be presented on June 20 at the Metropolitan Club in New York
A team of IP and media law specialists has joined from SKW Schwarz alongside a former counsel at Sky
The Irish government has delayed a planned referendum on whether Ireland should join the Unified Patent Court, prompting concern about when a vote may take place
With more than 250 winners recognised during the ceremony, there are many reasons to be positive about the health of the IP industry in EMEA
Practitioners say the USPTO’s latest guidance has some helpful clarifications and is a good reminder of the importance of checking AI outputs
Susanne Schmidt discusses why trademarks are more than 'just a name' and why she would choose green farming as an alternative career
Gift this article