4.5.2 Transitional provisions

According to Art. 25(3) RPBA 2020, where the summons to oral proceedings or a communication of the board under R. 100(2) EPC was notified before the date of entry into force (1 January 2020), new Art. 13(2) RPBA 2020 does not apply. Instead, Art. 13 RPBA 2007 continues to apply. As stated in T 764/16, whether or not Art. 13(2) RPBA 2020 is applicable does not depend on the date on which the appeal was filed (in the case in hand, four years earlier).