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

Sources say the judge could return to a disputes or mediation-focussed role, though others have questioned whether the Texas court will remain a litigation hotspot in his absence
Sheppard, which has hired 14 IP partners in the last 12 months, has cited client demand for expert counsel in SEP, ITC, and district court disputes
Tingxi Huo joins our ‘Five minutes with’ series to discuss boosting the value of clients’ IP and the importance of reflection
Hefty legal teams assembled for a three-day hearing in what was the court’s first foray into SEPs since Unwired Planet v Huawei
IP firm's new base will be located inside the tallest office space in the UK's ‘second city’
Practitioners at four firms across Asia and Europe share the do’s and don’ts of mindful networking ahead of the INTA Annual Meeting
Brand Action explains why the IP community can be a force for good in the world as thousands of professionals prepare to head to London for INTA’s Annual Meeting
The firm, which has also hired a senior trademark leader to lead operations in the region, believes greater China to be one of the most important IP jurisdictions
Attorneys at Gibson Dunn share why plaintiffs’ growing reliance on DMCA anti-circumvention claims in AI scraping cases exposes a critical vulnerability
Tom Carver, who spent the last 18 months sailing the Mediterranean, tells Managing IP why he’s ready to return to land
Gift this article