4.3. First level of the convergent approach – submissions in the grounds of appeal and the reply – Article 12(3) to (6) RPBA 2020
4.3.3 Amendment within the meaning of Article 12(4) RPBA 2020
This section has been updated to reflect case law and legislative changes up to 31 December 2023. For the previous version of this section please refer to the "Case Law of the Boards of Appeal", 10th edition (PDF). |
It is at a board's discretion whether to admit an amendment within the meaning of Art. 12(4) RPBA 2020. On the definition of "amendment" in this context, see chapter V.A.4.2.1 "First level of the convergent approach: amendments to a party's case within the meaning of Article 12(4) RPBA 2020". For recent decisions, see in particular T 19/20 (objection on which the decision was based, Art. 12(2) RPBA 2020), T 108/20 (auxiliary request admissibly raised and maintained), T 221/20 (auxiliary requests and documents admissibly raised and maintained), T 920/20 (no restriction to the effect that a party may rely only on matters it had admissibly raised itself in first-instance proceedings), T 1800/20 (auxiliary request not admissibly raised, convergence criterion), T 364/20 (claim requests filed within the time limit set under R. 79(1) EPC and requests filed after this period, direct and timely response to a change of the subject of the proceedings, discretionary criteria to be applied to late-filed requests), T 886/21 (claims 1 of the higher-ranking requests not developed in a convergent way and not fully searched).