Discretion of the President 

Under Art. 112(1)(b) EPC, the President of the EPO may refer a point of law. In exercising his or her right of referral, a President of the EPO is entitled to make full use of the discretion granted by Art. 112(1)(b) EPC. His appreciation of the need for a referral may change even after a relatively short time, for example because his assessment of the case law of the Boards of Appeal has changed, or a change in the presidency has taken place (G 3/08, OJ 2011, 10).

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