European Patent Litigators Association

Rules of Procedure of the Board of Appeal – in force from 1 January 2020

The new Rules of Procedure of the BoA have been approved by the Administrative Council on at its 160th meeting on 26 and 27 June 2019. The adopted version essentially remained unchanged as compared to the draft which formed basis of a user hearing last December. However, Rule 12(7) has been slightly amended. According to the draft an extension of the 4-months period to file a written reply in inter partes proceedings would have been excluded which was inter alia criticised by EPLIT during the consultation process. According to the new Rules of Procedure it will still be possible to extend this period, but only up to a maximum of 6 months.

You will find the Rules of Procedure as downloadable pdf here

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European Patent Litigators Association