Insights from the New EPO Guidelines
The recent updates to the European Patent Office (EPO) Guidelines for Examination, set to take effect on March 1, 2024, bring forth several noteworthy changes, reshaping patent strategies.
One of the key updates concerns entitlement to priority. Following recent decisions from the Enlarged Board of Appeal (EBA), there is now a stronger presumption that applicants claiming priority are entitled to it, shifting the burden of proof to challengers.
EPO Clarifies "Exceptional Circumstances" for Late Appeal Amendments
The EPO's Rules of Procedure of the Boards of Appeal (RPBA) establish strict criteria for late amendments during oral proceedings. Article 13(2) RPBA states that such changes are generally not accepted unless justified by "exceptional circumstances".
In a key case, the Board ruled that a mere change in claim interpretation leading to a new objection did not meet the threshold for exceptional circumstances unless directly relevant to the final decision.