T 0732/21 - The purpose of the RPBA (and legal peace)

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from Just Patent Law Blog https://justpatentlaw.blogspot.com/
T 0732/21 - The purpose of the RPBA (and legal peace)
https://justpatentlaw.blogspot.com/2022/12/t-073221-purpose-of-rpba-and-legal-peace.html

Key points

•  Board 3.4.01 recalls the purpose of the RPBA: "the purpose of [Articles 12 and 13 RPBA] is not, in itself, the refusal to consider late requests, but rather the defence of the [parties'] rights to a fair hearing within a reasonable time".
• The Board then admits the amended claims because " in the present case, consideration of this particular request does not impair these basic rights of either party".
• The Board refers to T 339/19 of Board 3.3.06.
• In that decision, the Board recalled that according to T 855/96 that "It serves to ensure legal peace and the acceptance of the decisions of the Boards of Appeal and recognizes their importance as the only judicial instance that decides on the patentability of the patent with effect for all designated Contracting States when these decisions take into account the entire matter submitted in the appeal proceedings. A document submitted in the appeal proceedings should therefore be considered if it is not entirely irrelevant and its consideration is procedurally justifiable" (fresh machine translation of T 855/96).
• Obviously, the key part in this quote is "procedurally justifiable". 

EPO 

The link to the decision is provided after the jump, as well as (an extract of) the text of the decision.

https://justpatentlaw.blogspot.com/2022/12/t-073221-purpose-of-rpba-and-legal-peace.html