1.2. Authority to amend the RPBA

The RPBA and RPEBA are adopted in accordance with the Implementing Regulations (Art. 23(4) EPC). Since entry into force of the reform of the Boards of Appeal (see above), the Boards of Appeal Committee has been responsible under R. 12c EPC for issuing the RPBA and the RPEBA. Under R. 12b(3)(c) EPC, the Presidium of the Boards of Appeal advises the President of the Boards of Appeal on proposals for amending the RPBA and the RPEBA. The RPBA and RPEBA require the approval of the Administrative Council under Art. 23(4), second sentence, EPC (see the latest decision of the Administrative Council of 13 December 2023 approving amendments to the RPBA, OJ 2023, A103).

In T 1400/11 the board pointed out that, to guarantee their judicial function, proceedings before the Boards of Appeal are governed by the RPBA.

In case T 1914/12, the board underlined that the RPBA can help in clarifying and interpreting the EPC but they cannot confer on the boards any powers that the EPC does not give them.

See also chapter V.A.1.2. "Rules of Procedure of the Boards of Appeal (RPBA)".