5.4. Criteria for consent to amendments under R. 137(5) EPC
Overview
5.4. Criteria for consent to amendments under R. 137(5) EPC
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The question concerning the criteria to be used for the proper application of R. 137(5) EPC has been dealt with in various decisions of the boards of appeal.
- T 2431/19
Rule 137(5) EPC provides for a mandatory requirement that amended claims must fulfil to be allowable. Relating to substantive law rather than to procedural law, Rule 137(5) EPC does not provide a legal basis for the exercise of discretion. The non-admittance of an amended set of claims on the basis of that Rule alone therefore constitutes a substantial procedural violation under Rule 103(1)(a) EPC (see point 2.2 of the Reasons).
- Case law 2021