4.3.7 Submissions that should have been submitted or which were no longer maintained at first instance – Article 12(6), second sentence, RPBA 2020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). |
In T 2973/19 D27 to D30, submitted by the patent proprietor for the first time on appeal, related to the validity of the priority claim of the patent. The opposition division’s assessment of the validity of this priority changed during the oral proceedings. The board held that in preparation for the oral proceedings before the opposition division the patent proprietor had no reason to expect that it would need further evidence to defend the priority claim of the patent.
See also the related issue of requests filed in reaction to a change of opinion of the opposition division (chapter V.A.4.3.7d) above).