b) Objection raised in good time by persons capable of validly doing so

In R 1/14 the Enlarged Board held that it was an indispensable prerequisite for the admissibility of a petition that an objection be raised "in good time", i.e. at a time when the board can still rectify the alleged violation. An objection to a refusal to postpone the date of oral proceedings must therefore be made before or, at the latest, at the beginning of these oral proceedings.

In R 21/09 the Enlarged Board held that if an objection is made during oral proceedings, the fact that it is only raised after further requests have been discussed has no bearing on the admissibility of the petition.

In R 14/11 the Enlarged Board held that an objection cannot be formulated prematurely, i.e. before a procedural defect has come into existence (see also R 8/08, R 17/10, R 21/11, R 11/21, R 6/22, T 1203/19). In R 11/21 the board added that making a request conditional might prevent it from being considered as submitted too late, but did not remedy a premature submission, at least in the context of R. 106 EPC.

In R 9/09 the board held that an accompanying person cannot validly make procedural declarations, such as an objection under R. 106 EPC (see also R 3/08).