From family get togethers to work meetings, videoconferencing
has become ubiquitous over the past eighteen months. While it has
allowed us all to keep in touch during challenging times, after
almost two years, many feel that videoconferences are no substitute
for in-person meetings. The question of whether videoconference
hearings are equivalent to in-person hearings was recently
addressed by the Enlarged Board of Appeal of the European Patent
Office (EPO). On October 28, 2021, the EPO issued a decision
indicating that in some circumstances, oral proceedings by
videoconference are an acceptable substitute that can be required
without party consent. This decision may impact Canadian applicants
in several ways, including through increased opportunity to
directly participate in EPO examination, opposition, and appeal
oral proceedings.
