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

Bradford Newman, who has joined the firm’s new Silicon Valley office as head of complex technology disputes, discusses plans to build the practice group and attract local talent
Managing IP summarises the highlights from the IP STARS rankings for copyright and IP transactions work, the final firm rankings release of the year
Developments included the first judgment from the Nordic Baltic division, an injunction covering the UK, and a new code of conduct
Alston & Bird acted for InterDigital, while Samsung was represented by Fish & Richardson, during the arbitration process
Powell Gilbert lawyers reveal how they navigated parallel EPO proceedings and collaborated with European peers to come out on top in the Nordic-Baltic Division’s first judgment
The firms posted increases in revenue and profit per equity partner, with both giving a nod to their IP expertise
EasyGroup, the owner of the easyJet airline, said in a press release that UK-based first-instance judges are “less experienced”, bringing a long-running debate back to the fore
A cross-practice team from Mayer Brown, which included members of the firm’s IP practice, advised on the deal
María Cecilia Romoleroux discusses the challenges she has faced in her career in IP and how she hopes to improve things for the next generation of women
Value-added services give in-house counsel the satisfaction that they are getting more value for money, while law firms get the opportunity to win more work
Gift this article