b) Events which trigger the third level of the convergent approach

Art. 13(2) RPBA, which imposes the most stringent limitations on a party wishing to amend its appeal case, concerns in its version as from 1 January 2024 amendments to a party's appeal case made after the expiry of a period specified in a communication under R. 100(2) EPC or, where such a communication is not issued, after notification of a communication under Art. 15(1) RPBA (see decision of the Administrative Council of 13 December 2023, OJ 2023, A103). In the previous version of Art. 13(2) RPBA which entered into force on 1 January 2020 the third level was triggered, in cases where no R. 100(2) EPC communication had been issued, by notification of the summons. In the following, decisions are summarised which deal specifically with these trigger events.

In T 2125/18 the board pointed out that the standardised communication accompanying the copy of the statement of grounds of appeal is not a communication under R. 100(2) EPC.

Decision T 2384/18 concerned the particular situation where the communication under Art. 15(1) RPBA contained an invitation under R. 100(2) EPC to the parties to reply to two issues highlighted in a specific point of the communication. The board used its discretion under Art. 13(1) RPBA to admit auxiliary request 1a, which had been filed within the period specified and specifically addressed the highlighted issues.