EPO Boards of Appeal chief: revised rules will increase workload

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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 SHARED ros bottom lb

More from across our site

Sim & San secured the win for Dr. Reddy’s, which will allow the pharma company to manufacture and export semaglutide, the active ingredient in Ozempic
Lucas Amodio joins our ‘Five minutes with’ series to discuss artificial intelligence systems and patent law
The Americas research cycle has commenced, so don't miss the opportunity to submit your work
Practitioners have welcomed extended funding of the specialist police unit until 2029, while the UKIPO says it is exploring increased scale
Abion says integration with Baylos marks an important step in the company’s international expansion plans
Via Licensing Alliance continues its China push as another smartphone manufacturer joins patent pool as licensee
Law firm mergers have the potential to reshape IP teams, and partners who were at the coalface of previous tie-ups say early coordination and flexibility can make the difference
Women are entering the IP profession, but still too few are being trusted with the clients, cases, and credit that may open the path to leadership
In other news, Australia’s IP office has announced expanded search options, and an EPO report shed light on slow progress relating to women inventors in Europe
Managing IP speaks with up-and-coming women lawyers at five law firms about fighting imposter syndrome, maintaining work-life balance and why real representation matters
Gift this article