In some decisions it has been observed that new arguments first put forward at the oral proceedings without any reasonable explanation or justification are to be regarded as late filed and not admitted into the proceedings (T 1069/08, T 775/09, T 1621/09, T 810/12).

Further information on "new arguments" is contained in chapter IV.C.4.7.

Art. 12(2) RPBA 2007 provides that the statement of grounds of appeal should specify expressly all the facts, arguments and evidence relied on by the party. Art. 13(1) RPBA 2007 leaves it to the board's discretion to admit any amendments to a party's case after that.

In T 1170/12 the board stated that a change of ownership or representation did not normally justify late amendments or a divergence from subject-matter previously claimed. The new owner takes over the application in the state that it is in at the time of transfer of ownership. The EPO and the public must be able to rely on the steps taken by an applicant, even if the application is subsequently transferred, or the applicant changes representative.