SONN Patentanwälte – IP Attorneys

EPO case law: Repeated requests shall be treated as new requests

Requests can be withdrawn explicitly or implicitly. An implicit withdrawal exists if it is clear from the circumstances that a request is not pursued further. If requests, which were initially filed in appeal proceedings and subsequently explicitly or implicitly withdrawn, are later resubmitted, their admissibility is decided on the basis of the procedural rules of the RPBA, which apply to the admissibility of a completely new request (EPO BoA 17 July 2019, T 1695/14).