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The RPBA contain precise provisions on amendments to parties' cases. They explicitly leave their admission – be they facts, evidence or requests – to the board's discretion. A substantial revision of the RPBA is planned for 2019.

CLR V A 4.1.1 Legal basis

CLR V A 4.1 Introduction

4.1.1 Legal basis

4.1.2 ‍‍Rules of Procedure of the Boards of Appeal (RPBA)

CLR V A 4 New submissions on appeal

4.1. Introduction

4.2. Principles applying to late submissions

4.3. The boards' discretion

4.4. State of proceedings

CLR V A 3.5.6 Review of discretion – stay of proceedings

CLR V A 3.5.5 Review of an opposition division's discretionary decision (not) to admit a new ground for opposition

CLR V A 3.5.4 Submissions admitted at first instance are part of the appeal proceedings

CLR V A 3.5.3.C Discretion misused by the department of first instance

In T 1872/08 the opposition division did not use its discretion in a reasonable way by not admitting the additional comparative tests. Therefore, the board decided to overrule the decision of the opposition division in this respect and to admit into the proceedings these comparative tests, which the patentee resubmitted in its statement of grounds.

CLR V A 4.2.1 Inter partes proceedings

CLR V A 4.2 Principles applying to late submissions

CLR V A 4.1.2 ‍‍Rules of Procedure of the Boards of Appeal (RPBA)