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

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

Lawyers at A&O Shearman analyse developments regarding UPC’s long-arm jurisdiction, including its scope and jurisdictional limits
Michelle Lee discusses reaching milestones at the USPTO, AI’s role in legal work, and how to empower women in tech and IP
Executive chair Matt Dixon, who reveals a new associate hire, says the firm wants to offer a realistic pathway to partnership while avoiding the ‘corporate machine’ route
Mayer Brown’s role in cardiovascular technology dispute reflects how firms are pursuing precedent-setting cases to try and guide AI and patent law
Kevin Mack, Via’s new president, emphasises the importance of collaborative licensing structures and shares how AI tools can help create new lines of business
A Tokyo District Court ruling concerning movie spoilers, and a second chance for VLSI against Intel were also among the top talking points
Practitioners believe new AI tools at the USPTO will not replace lawyers or disrupt revenue, but instead expose where a trademark attorney’s value lies
Leighton Cassidy Legal hopes to leverage its founder's international experience and provide clients with a rare chance to receive litigation and prosecution under one umbrella
UKIPO rejects trademark application for 'Cristiano Ronaldo Origins' following opposition by Beck Greener client in a rare case that considered actual use
Partners at both firms have voted in favour of the tie-up, which marks ‘the largest law firm merger in history’
Gift this article