ADMINISTRATIVE COUNCIL
Decision of the Administrative Council of 13 December 2023 approving amendments to the Rules of Procedure of the Boards of Appeal (CA/D 24/23)
THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,
Having regard to the European Patent Convention, and in particular Article 23, paragraph 4, thereof,
Having regard to the Rules of Procedure of the Boards of Appeal as approved by decision of the Administrative Council CA/D 5/19 Corr. 1 of 26 June 2019 (OJ EPO 2019, A63) and in force from 1 January 2020, as amended by decision of the Administrative Council CA/D 3/21 of 23 March 2021 (OJ EPO 2021, A19) as of 1 April 2021,
Having regard to the amendments to the Rules of Procedure of the Boards of Appeal adopted by the Boards of Appeal Committee on 23 November 2023 under Rule 12c, paragraph 2, of the Implementing Regulations to the European Patent Convention,
HAS DECIDED AS FOLLOWS:
Article 1
The amendments to the Rules of Procedure of the Boards of Appeal, as adopted by the Boards of Appeal Committee, are hereby approved under Article 23, paragraph 4, second sentence, of the European Patent Convention:
1. Article 13, paragraph 2, of the Rules of Procedure of the Boards of Appeal shall read as follows:
"(2) Any amendment to a party's appeal case made after the expiry of a period specified by the Board in a communication under Rule 100, paragraph 2, EPC or, where such a communication is not issued, after notification of a communication under Article 15, paragraph 1, shall, in principle, not be taken into account unless there are exceptional circumstances, which have been justified with cogent reasons by the party concerned."
2. Article 15, paragraph 1, of the Rules of Procedure of the Boards of Appeal shall read as follows:
"(1) Without prejudice to Rule 115, paragraph 1, EPC, the Board shall, if oral proceedings are to take place, endeavour to give at least four months' notice of the summons. A single date is fixed for the oral proceedings.
In order to help concentration on essentials during the oral proceedings, the Board shall issue a communication drawing attention to matters that seem to be of particular significance for the decision to be taken. The Board may also provide a preliminary opinion. The Board shall endeavour to issue the communication at least four months in advance of the date of the oral proceedings. In cases where there is more than one party, the Board shall issue the communication no earlier than one month after receipt of the written reply or replies referred to in Article 12, paragraph 1(c)."
3. Article 15, paragraph 9(b), of the Rules of Procedure of the Boards of Appeal shall read as follows:
"(b) When a case is ready for decision at the conclusion of the oral proceedings but the Chair does not announce the decision on the appeal orally in accordance with paragraph 6, the Chair shall indicate the date on which the decision on the appeal is to be despatched, which shall not be later than three months after the closure of the oral proceedings. If the Board is unable to despatch the decision on the appeal by that date, it shall inform the parties and the President of the Boards of Appeal of a new date or, in exceptional circumstances, shall issue a communication specifying the further procedural steps that will be taken."
Article 2
The amended provisions shall apply to all appeal proceedings pending on or after 1 January 2024.
Article 3
This decision shall enter into force on 1 January 2024.
Done at Munich, 13 December 2023
For the Administrative Council
The Chairperson
Josef KRATOCHVÍL