SONN Patentanwälte – IP Attorneys

EPO case law: Costs of a late cancellation

In principle, in procedure before the EPO, each party meets its own costs. Under Art 104(1) EPC and Art 16(1)(c) RPBA, however, the BoA may, on request and on grounds of equity, order a different apportionment of costs for acts or omissions prejudicing the timely and efficient conduct of the oral proceedings. There is no doubt that the notice of the appellant's non-attending in the oral proceedings, which was received only on the eve of the proceedings, meets the requirements for the apportionment of costs against the appellant (EPO BoA 7 March 2019, T 280/15).