The new Rules of Procedure of the Boards of Appeal
The clear aim of the new procedure before the Boards of Appeal is not to assess whether the patent or patent application fulfils the patentability requirements by taking into account each relevant element, but to assess the merit, in facts and in law, of the first instance decision (rendered by an opposition or examination division). It also aims to increase the Boards of Appeal’s efficiency. To this end, the introduction of new means (including new arguments) into the procedure is made explicitly more complicated from the appeal filing, with criteria applied more and more strictly as the appeal procedure progresses. The case will be won in first instance.