2.4.2 Discretion of the President

Under Art. 112(1)(b) EPC, the President of the EPO may refer a point of law and is entitled to make full use of the discretion granted by Art. 112(1)(b) EPC. The President's appreciation of the need for a referral may change even after a relatively short time, for example because the President's assessment of the case law of the boards of appeal has changed, or a change in the presidency has taken place (G 3/08 date: 2010-05-12, OJ 2011, 10).