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ARTICLE · 24 APRIL 2020

Changes To Examining Division Oral Proceedings

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Effective immediately, Oral Proceedings before the Examining Divisions will be held by videoconference...

European UnionCoronavirus (COVID-19)

Effective immediately, Oral Proceedings before the Examining Divisions will be held by videoconference (see here). Oral Proceedings in person will now only take place in exceptional circumstances. So far, this announcement only relates to Oral Proceedings held by the Examining Divisions. It remains to be seen if the Boards of Appeal follow suit for examination matters.

While this will allow the work of the Examining Divisions and representatives to continue during the lockdown, the EPO recognizes that there may be technical difficulties when attending and hosting virtual Oral Proceedings. Consequently, the EPO announcement notes that if such technical difficulties cannot be overcome, a new Summons will issue with a new hearing date. However, in the case of non-attendance for non-technical reasons, the Oral Proceedings will continue in the absence of the Applicant as before.

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