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 2025

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

Stobbs stands accused of interfering with the administration of justice after Brandsmiths’ client was subjected to an interim injunction for unjustified threats
The firm, known for its prosecution expertise, discusses its plans following the appointment of a UK-based patent litigation head and two new partners
Ed White at Clarivate provides an exclusive insight into the innovation power clusters reshaping Europe and the Middle East’s IP landscape, and why quality is the new currency of invention
In the first in a new podcast series celebrating the tenth anniversary of IP Inclusive, we look back at the network’s origins and discuss its mission
Rebecca Schwarz at Haynes Boone shares how her team secured victory for biopharma client RedHill in a licensing dispute involving a developmental cancer drug
News of a breakaway firm launching in Germany and a spike in vaccine-related patent applications were also among the top talking points
A flurry of hiring activity among UK firms suggests they are confident of mounting a serious challenge at the UPC
With the submission deadline approaching, we sat down with our research team to provide top tips on how to make your firm stand out
EA, owner of video games including Madden and The Sims, will be sold to a consortium including Saudi Arabia’s Public Investment Fund and a firm owned by Donald Trump’s son-in-law
New arrival marks Mewburn Ellis' second partner hire in ten days as firm looks to boost patent litigation and prosecution capabilities
Gift this article