After extensive discussion by the European Patent Office, in which we were also involved as part of our engagement with the FICPI, the final version of the revised Rules of Procedure of the Boards of Appeal of the EPO has now been adopted, which will enter into force on January 1, 2024.

The amendments can be viewed in detail at the EPO.

The most important amendment to the Rules of Procedure of the Boards of Appeal concerns Article 15(1) RPBA. Previously, in inter partes proceedings, the Board was required to issue summons to oral proceedings at the earliest two months after the reply to the appeal. This restriction will no longer apply to summonses as such. At the same time, in order to avoid the third stage of the convergent delay approach being triggered by an (early) summons, a corresponding amendment to Article 13(2) RPBA now provides that, instead of the summons, the notification of the Board's communication pursuant to Article 15(1) RPBA (preliminary opinion of the Board) triggers the third and strictest stage of the convergent approach for the admission of amendments in the appeal case.

An originally envisaged amendment to shorten the time limit for filing the reply to the statement of grounds of appeal under Article 12(1)(c) RPBA from the current 4 months to 2 months will not be pursued for the time being. In the interests of the respondent, who must submit his entire case within this period, this is to be welcomed.