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Article 26 Nov 2020

New rules of procedure for EPO Boards of Appeal – amending claims in appeal

Written by Hans Hutter
Since 1 January 2020 the Rules of Procedure of the Boards of Appeal of the EPO have become stricter. This has serious consequences for the timing of sending requests for amendments in pending patent applications or granted patents in opposition.
Appeals were, and still are, intended to provide a party with a second chance to defend a case refused in the first instance.

‘This article first appeared in IAM Innovation & Invention Yearbook: Building IP value in the 21st century, a supplement to IAM, published by Law Business Research - IP Division. To view the guide in full, please go to’

IAM Media