Breaking: EPO backs mandatory VICO – only in emergencies

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Breaking: EPO backs mandatory VICO – only in emergencies

epo-vico-comp.jpg

The Enlarged Board of Appeal has avoided answering whether video conferences can become mandatory in a non-emergency situation

The EPO’s Enlarged Board of Appeal ruled today, July 16, that oral appeal proceedings by video conference can be held without the consent of parties – but only in states of emergency.

In its decision in case G1/21, the EBoA found that the boards can, during periods of general emergency that impair parties’ ability to attend in-person proceedings, hold a VICO hearing by default without both parties’ consent.

However, the EBoA did not address whether VICO proceedings can be held without the consent of the parties in the absence of a period of emergency. It also unclear who would decide this definition.

“During a general emergency impairing the parties’ possibilities to attend in-person oral proceedings at the EPO premises, the conduct of oral proceedings before the Boards of Appeal in the form of a video conference is compatible with the EPC even if not all of the parties to the proceedings have given their consent,” the EBoA wrote in its decision.

In response to the COVID-19 pandemic, the BoA has been holding oral proceedings via VICO.

The G1/21 hearing has not been short of controversy. The composition of the panel hearing the dispute was changed after the EBoA accepted that there was a justified fear of bias.

Those concerns were raised because BoA president Carl Josefsson, who was involved in the drafting of the article that allowed for VICO hearings, was due to sit on the panel hearing the dispute.

Josefsson was replaced by EBoA member Fritz Blumer.

Managing IP will provide further analysis in the coming days. 

more from across site and SHARED ros bottom lb

More from across our site

Practitioners say a 32% rise in court fees is somewhat expected to maintain the UPC’s strong start, but some warn that SME clients could be squeezed out
Swati Sharma and Revanta Mathur at Cyril Amarchand Mangaldas explain how they overcame IP office objections to secure victory for a tyre manufacturer
Claudiu Feraru, founder of Feraru IP, discusses the benefits of a varied IP practice and why junior practitioners should learn from every case
In the ninth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP & ME, a community focused on ethnic minority IP professionals
Firms that made strategic PTAB hires say that insider expertise is becoming more valuable in the wake of USPTO changes
Aled Richards-Jones, a litigator and qualified barrister, is the fourth partner to join the firm’s growing patent litigation team this year
An IP lawyer tasked with helping to develop Brownstein’s newly unveiled New York office is eyeing a measured approach to talent hunting
Amanda Griffiths, who will be tasked with expanding the firm’s trademark offering in New Zealand, says she hopes to offer greater flexibility to clients at her new home
News of EasyGroup failing in its trademark infringement claim against ‘Easihire’ and Amgen winning a key appeal at the UPC were also among the top talking points
Submit your nominations to this year's WIBL EMEA Awards by February 16 2026
Gift this article