SONN Patentanwälte – IP Attorneys

EPO case law: Admissibility of Requests in Appeal Proceedings

According to Art 12 para 4 RPBA, the entire statement of grounds of appeal must be taken into account if and insofar as it relates to the case under appeal and is sufficiently substantiated. Under this provision, however, the Board is also authorised not to admit requests which could have already been submitted in the first instance proceedings. If the patentee's conduct prevents the consideration of the claims originally granted in opposition proceedings in the first instance and the patentee only resorts to the claims in the granted version in appeal proceedings, it would be contrary to the requirement of procedural economy to permit this. (EPO BoA 27 November 2017, T 1578/13).