News

• The revised Rules of Procedure for the Boards of Appeal at the European Union Intellectual Property Office

  The European Union Intellectual Property Office (EUIPO) has recently revised its Rules of Procedure for its Boards of Appeal (BoA RoP), which take effect on March 1, 2024.

  The amendments primarily involve aligning terminology with current regulations and providing clearer delineation of responsibilities among various entities within the Boards of Appeal. Significant changes encompass the calculation and extension of time limits, suspension procedures, and alternative dispute resolution mechanisms.

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• 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.

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• Fee-related support measures for small entities

  Starting from April 1, 2024, there will be changes to the fees for European patent applications.

  These changes will introduce a new scheme specifically designed to reduce fees for micro-entities.

  The aim of this new scheme is to assist smaller and less experienced European entities in accessing the European patent system more easily, thereby supporting their growth and development.

  These fee reductions complement the existing support measures available to small and medium-sized entities (SMEs), particularly in terms of language-related fee reductions.

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• 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.

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• Standard Essential Patent Reform in the EU

  Last year, the European Commission proposed reforms to streamline the standard essential patent (SEP) process in the EU. SEPs cover technologies relating to technical standards for communication like 5G and Wi-Fi. The reforms aim to enhance transparency and negotiation pathways by assigning the European Union Intellectual Property Office (EUIPO) new responsibilities.

  Feedback on the proposal was divided, with major SEP holders like Nokia and Ericsson expressing concerns over increased costs and uncertainties. Conversely, organizations representing patent implementers voiced support for the reforms.

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