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 2026

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

Cookies Settings

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

After months of speculation over his next move, former Texas patent judge Alan Albright has found a new home at the firm’s Austin office
Law firms can now participate in the research for the Managing IP Awards and IP STARS rankings
The firm has hired former Norton Rose Fulbright patent prosecution leader Ronak Kalhor-Witzel as it seeks to strengthen its position in high-value technology, UPC and international patent matters
The Dutch division is cementing its position as the UPC's primary alternative to Germany, with a consistent share of filings and growing market influence
Angela Dunning shares why it’s an exciting time to be practising at the intersection of AI and IP, where the law is actively being made
Junior lawyers aren’t unwilling to work hard, as some seniors believe; rather, they are rejecting traditional career advancement models that have limited payoff
Rebekah Gay discusses overcoming self-doubt, supporting the next generation of women lawyers, and how changing client demands are reshaping IP practice
New filing data suggests Germany's grip on UPC litigation remains strong, while Bardehle Pagenberg, Arnold Ruess, Hogan Lovells and Carpmaels notch up notable cases
In 27 years, KASS has expanded to seven countries in southeast Asia and is now eyeing further growth opportunities. Its CEO shares her perspective
Mine Güner discusses bridging law and business, taking the initiative, and why Taylor Swift helped put copyright on the map
Gift this article