Changes to EPO appeal proceedings include new timeliness objective for settlement

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

Changes to EPO appeal proceedings include new timeliness objective for settlement

Sponsored by

inspicos-400px recrop.jpg
Justice and law concept. Lawyer businesswoman touching on law innovation network icons.

Jakob Pade Frederiksen of Inspicos summarises revisions to the Rules of Procedure of the Boards of Appeal on the cut-off point for appeal case amendments, the issuance of preliminary opinions, and the announcement of decisions

The Rules of Procedure of the Boards of Appeal (RPBA) of the EPO have been amended with effect from January 1 2024 with a view to enhancing the timeliness objective of appeal proceedings (90% of cases to be settled within 24 months by the end of 2025).

Article 13(2) of the RPBA, establishing a cut-off point for amendments to a party’s appeal case, has been changed to set out that any amendment to a party's case shall, in principle, not be taken into account if the amendment is made after notification of the board of appeal’s preliminary opinion issued under Article 15(1) of the RPBA. Previously, the cut-off point was the date of notification of the summons to oral proceedings before a board of appeal.

At the same time, Article 15(1) of the RPBA has been amended to set out that, in inter partes cases, the board of appeal’s preliminary opinion shall not be issued any earlier than one month after receipt of the reply, or replies, to the appeal(s). In combination with the above-mentioned amendment to Article 13(2) of the RPBA, the change to Article 15(1) of the RPBA establishes a one-month period for parties to file rejoinders in appeal cases where a change to a party’s appeal case is introduced with the rejoinder.

Furthermore, a change has been made to Article 15(9) of the RPBA dealing with the obligations of the boards of appeal in the rarely occurring event that a decision is not announced orally at oral proceedings and cannot be despatched within three months after the closure of the oral proceedings.

An initially envisaged amendment to reduce the parties’ time limit for lodging a reply to the appeal(s) from four to two months has not been adopted.

more from across site and SHARED ros bottom lb

More from across our site

The tie-up could result in the firm’s German and France-based teams, which both have strong UPC expertise, becoming independent
News of a slowdown in the UK’s clean energy IP landscape and an EPO report on unitary patent uptake were also among the top talking points
Price hikes at ‘big law’ firms are pushing some clients toward boutiques that offer predictable fees, specialised expertise, and a model built around prioritising IP
The Australian side, in particular, can benefit by capitalising on its independent status to bring in more work from Western countries while still working with its former Chinese partner
Koen Bijvank of Brinkhof and Johannes Heselberger of Bardehle Pagenberg discuss the Amgen v Sanofi case and why it will be cited frequently
View the official winners of the 2025 Social Impact EMEA Awards
King & Wood Mallesons will break into two entities, 14 years after a merger between a Chinese and an Australian firm created the combined outfit
Teams from Shakespeare Martineau and DWF will take centre stage in a dispute concerning the registrability of dairy terminology in plant-based products
Senem Kayahan, attorney and founder at PatentSe, discusses how she divides prosecution tasks, and reveals the importance of empathetic client advice
The association’s Australian group has filed a formal complaint against the choice of venue, citing Dubai as an unsafe environment for the LGBTQIA+ community
Gift this article