3.2. Time frame for submitting evidence and ordering the taking of evidence

This section concerns when the parties should submit evidence and when the taking of evidence should be requested or ordered.

While it has been accepted in the jurisprudence of the boards of appeal that EPO departments have some discretion in admitting evidence, e.g. where the evidence is unnecessary or of no relevance (cf. T 142/97, OJ 2000, 358, point 2.2 of the Reasons), the main legal basis for refusing the admission of evidence is, as stated by the board in T 1698/08, the provisions dealing with the late filing of evidence (see Art. 114(2) EPC, R. 116 EPC, Art. 12(4) and 13 RPBA 2007 (now RPBA 2020)). As regards the basic principles for assessing late-filed evidence, see primarily chapter IV.C.4 "Late submission of documents, lines of attack and arguments" for the procedure before an opposition division and chapters V.A.5 (RPBA 2007) and V.A.4. (RPBA 2020) for the procedure before the boards. Below are a number of examples specifically related to issues of late-filed evidence.

The sub-headings are aimed at guiding readers to more specific aspects. The Since the reasons for a decision may touch on several aspects, the abstracts may also deal with points not alluded to in the heading.