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 2026

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

Public figures are turning to trademark protection to combat the threat of AI deepfakes and are monetising their brand through licensing deals, a trend that law firms are keen to capitalise on
News of Avanci Video signing its first video licence and a win for patent innovators in Australia were also among the top talking points
Tom Melsheimer, part of a nine-partner team to join King & Spalding from Winston & Strawn, says the move reflects Texas’s appeal as a venue for high-stakes patent litigation
AI patents and dairy trademarks are at the centre of two judgments to be handed down next week
Jennifer Che explains how taking on the managing director role at her firm has offered a new perspective, and why Hong Kong is seeing a life sciences boom
AG Barr acquires drinks makers Fentimans and Frobishers, in deals worth more than £50m in total
Tarun Khurana at Khurana & Khurana says corporates must take the lead if patent filing activity is to truly translate into innovation
Michael Moore, head of legal at Glean AI, discusses how in-house IP teams can use AI while protecting enforceability
Counsel for SEP owners and implementers are keeping an eye on the case, which could help shape patent enforcement strategy for years to come
Jacob Schroeder explains how he and his team secured victory for Promptu in a long-running patent infringement battle with Comcast
Gift this article