EPO Case law: Late arguments to be admitted

Art 114(2) EPC: Arguments submitted in appeal proceedings are admissible in any event, provided that they are based on facts already in the proceedings, even if they are put forward for the first time at a late stage of the proceedings (contrary to T 1621/09). The BoA has no discretionary power in this regard (EPO BoA 13 June 2018, T 1914/12).

14.01.2019