EPO: The EPO moves further towards oral proceedings via video conference

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

EPO: The EPO moves further towards oral proceedings via video conference

Sponsored by

inspicos-400px recrop.jpg
Photo of white blank screen laptop, black coffee cup and coasters on the wooden working desk over blurred modern cafe background.

At the beginning of 1998, the EPO began allowing oral proceedings to be held as a video conference (OJ EPO 1997, 572). Video conferencing was only available for oral proceedings held before an examining division, i.e. prior to grant of the European patent. Oral proceedings before examining divisions are more suited to video conferencing as they are usually shorter and less complex than opposition oral proceedings, they are not open to the public, and only one party is present (the patent applicant).

Until now, there has not been an opportunity for oral proceedings to be held before the opposition division. However, in a Notice from the EPO dated April 14 2020, the EPO announced a pilot project in which oral proceedings could take place via video conference before opposition divisions.

Many of the requirements in the Notice for requesting and arranging oral proceedings via video conference in opposition proceedings remain the same as those established for examination oral proceedings. However, opposition oral proceedings will not be held via video conference if witnesses are to be heard, or if simultaneous interpretation between the official EPO languages is needed.

The pilot project allows examiners, parties to the proceedings and their representatives to participate from different locations. Exchange of written documents is to take place via email. Any technical problems which mean that parties cannot be adequately represented may result in a new summons to oral proceedings being issued.

Opposition oral proceedings are generally open to the public, according to Article 116(4) EPC. This, of course, poses issues when oral proceedings are held via video conference. The EPO will allow members of the public to watch opposition oral proceedings via a video link to a dedicated room at the EPO's offices. The opportunity will also be given for members of the public to connect to the video conference remotely. It remains to be seen whether these solutions are acceptable for those wishing to observe opposition oral proceedings.

This pilot project started on May 4 2020 and is due to run until April 30 2021.

Edward Farrington

more from across site and ros bottom lb

More from across our site

If 2024 is anything to go by, the next 12 months could see more IP firms seek investment opportunities while IP lawyers are increasingly likely to work alongside other functions
Practitioners reflect on the impact of USPTO guidance, as well as PTAB and litigation trends
We discuss Managing IP’s 50 most influential people in IP list and look back on the biggest talking points in the last month
Firms explain how they question jurors and account for potential bias in trade secrets cases
A meeting between the EPO and Ericsson, Paul McCartney weighing in on AI and copyright, and a law firm’s STEM pledge were among the top talking points
National courts could combat inconsistencies over the speed of judgments – and provide parties with much-needed certainty – by looking to the UPC
Sources in four jurisdictions discuss the downsides of delayed judgments and why they prefer a well-reasoned, late finding, over a quick ruling that lacks substance
Counsel discuss how likely SCOTUS is to remand closely watched trademark case, which centres on the principle of corporate separateness
Partners at Baker Botts explain why oral arguments were a crucial factor in convincing the Federal Circuit to affirm a lower court ruling
The operator hopes to capitalise on significant market opportunities presented by evolving voice technologies
Gift this article