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ARTICLE · 16 NOVEMBER 2020

Update From The EPO On Opposition Oral Proceedings

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Earlier this year, the EPO announced a pilot scheme for Opposition Division Oral Proceedings via videoconference.

European UnionIntellectual Property

Earlier this year, the EPO announced a pilot scheme for Opposition Division Oral Proceedings via videoconference. The pilot scheme, however, required that the parties to the proceedings agreed to the use of videoconference. This meant that parties could delay proceedings by refusing to attend via videoconference and one suspects that because of this, the EPO's backlog of opposition cases has grown significantly since the beginning of 2020.

In an attempt to combat the backlog, the EPO has now announced that the pilot scheme for videoconference Oral Proceedings at the Opposition Divisions will be extended to 15 September 2021, and that all in-person hearings will be postponed until after this date. From 4 January 2021, all examination and opposition hearings will therefore be held via videoconference and in-person hearings will only take place in exceptional circumstances (see here).

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