4.13. Criteria for considering late-filed facts and evidence

The criteria governing the admission of late-filed facts, evidence and arguments are more restrictive and stringent in proceedings before the boards of appeal than in opposition proceedings at first instance. When exercising their discretion, the boards consider the criteria listed as examples in Art. 13(1) RPBA 2007 (complexity of new subject-matter submitted, current state of proceedings and need for procedural economy). However, this list is not exhaustive and thus other criteria are used too: for example the relevance of the late-filed submission, the reasons for the late filing, whether the late filing has to be regarded as an abuse of procedure and whether it is a legitimate reaction to the decision at first instance.

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