Request for apportionment of costs admissible after withdrawal of appeal

A request for apportionment of costs is not inadmissible merely because it is filed after the appeal proceedings have terminated. Such a request can initiate an ancillary procedure to resolve issues arising from the original appeal without reopening the substantive proceedings. An appropriate time limit for filing the request should mirror standard EPA time limits (i.e. the two-month period of Rule 132(1) EPC); doubts arise only if the request is filed after an unreasonable delay. Aside from the general duty to inform other parties as soon as possible, there is no further obligation on the parties to take proactive steps merely to avoid costs already foreseen by the other parties (EPO BoA 29 Apr 2025, T 0617/20, Apportionment of costs occasioned by a withdrawal of an appeal).