3. Expenses that may be apportioned

Under R. 88(1) EPC (R. 63(1) EPC 1973) the decision on apportionment of costs in opposition proceedings may consider only the expenses necessary to ensure proper protection of the rights involved (T 167/84, OJ 1987, 369; T 117/86, OJ 1989, 401; T 416/87, OJ 1990, 415; T 323/89, OJ 1992, 169). The order for apportionment of costs should be such as to compensate the other party for the unnecessary costs which it has incurred as the direct result of the appellant's failure in its duty (T 952/00, T 212/07). On the costs of interpreting at oral proceedings, see chapter III.C.8.2.

According to Art. 16 RPBA 2007, the costs ordered to be paid in appeal proceedings may be all or part of those incurred by the receiving party and may inter alia be expressed as a percentage or as a specific sum. In the latter event, the board's decision is a final decision for the purposes of Art. 104(3) EPC. The costs ordered may include costs charged to a party by its professional representative, costs incurred by a party itself whether or not acting through a professional representative, and the costs of witnesses or experts paid by a party but shall be limited to costs necessarily and reasonably incurred.