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Practical consequences of the new Rules of Procedure of the Boards of Appeal

Autoren: Dr. Evy Corbanie, Dr. Stefan Weist, Dr. Marc Gerauer

As of January 1, 2020, new Rules of Procedure apply for proceedings before the Boards of Appeal of the European Patent Office (further referred to as “rules of procedure”, “rules”, or “RPBA”). The new rules have been introduced to increase efficiency, harmonization and predictability of appeal proceedings.

The core concept of the new rules is the fact that the primary object of an appeal is the judicial review of the first instance decision. To emphasize this concept, convergent restrictions to the possibility of amending a case during the progression of appeal proceedings have been specified in the rules of procedure. These provisions have practical consequences for drafting and filing of submissions during appeal proceedings (as discussed at point 2 below).

In addition to restricting the possibilities of amending a case, further relevant amendments to the Rules of Procedure concern the remittal of cases to the first instance department, the defined periods for filing submissions by the parties as well as for the issuance of communications and decisions by the Boards, the form of decisions, and the provisions for changing the date set for oral proceedings. These amendments have consequences for the course of the proceedings (as discussed at point 3 below). […]

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