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

Alif Gultom and Andrew Diamond of Januar Jahja and Partners explain why Indonesia must adopt reforms against bad-faith filings and safeguard its trademark system for the future
In the third episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss the ‘Women in IP’ network and the current state of diversity within the profession
Practitioners, including two ex USPTO directors, say the Patent Eligibility Restoration Act could restore clarity and predictability to US patent law, though concerns remain
News of an alliance between two Malaysian law firms and the launch of a self-help video aimed at supporting IP professionals through menopause were also among the top talking points
Speakers at the EUIPO’s IP Mediation Conference discussed how lawyers can act in tandem with clients during mediation, and the importance of showing a united front
A report that revealed top legal LinkedIn influencers are generating hundreds of thousands in advertising value is the push lawyers need to up their social media presence
Speakers at the EUIPO’s Mediation Conference say mediation can offer a ‘cathartic’ and effective alternative to litigation that IP owners should consider
Partner Scott Sudderth says he is looking forward to building strong client relationships and expanding the firm’s patent practice
Find out which firms secured the most nominations for Managing IP’s Asia-Pacific Awards 2025, ahead of the winners being revealed on November 6
Raluca Vasilescu joins our ‘Five minutes with’ series to discuss patent mining and watercolour painting
Gift this article