T 1776/18 du 05.10.2022

Inventive step - (no)
Late-filed request - request identical to request not admitted in first instance proceedings
Legal basis for not admitting late-filed requests
Amendment after summons - taken into account (no)

1.) Article 114(2) EPC provides a legal basis for disregarding claim requests which are not submitted in due time (Reasons 4.5.1-4.5.11).
2.) A claim request which is filed in opposition proceedings after the date set under Rule 116(1) EPC is not submitted in due time within the meaning of Article 114(2) EPC (Reasons 4.6.1-4.6.10).
3.) Rule 116(2) EPC does not limit the Opposition Division's discretionary power under Article 114(2) EPC and Rule 116(1) EPC. As a rule, this discretionary power does not depend on the contents of the Opposition Division's communication under Rule 116(1) EPC. However, if the Opposition Division invites the patent proprietor to file an amended claim request to address a specific objection and the patent proprietor complies with this invitation by filing the required amendments by the date set under Rule 116(1) EPC, the Opposition Division's discretion not to admit that claim request may effectively be reduced to zero (Reasons 4.7.1-4.7.8).