Like it or not, participation in oral proceedings with the EPO
has been primarily limited to video conferencing or so-called
"VICOs". The legality of this has already been discussed
at great length, for instance, in our own feedback to the EPO as
published on our website. However, in the meantime, this is the
"new normal" that applicants, patent attorneys, and
examiners are faced with.
I am here with my colleague Preston Richard, and we would like
to share some of our own experiences of VICOs with you.
Preston, are there any exceptions to VICO?
In principle, it is possible to request an in-person oral
proceeding, which currently will result in a postponement. But the
chances that such a request is allowed are generally low since the
party making such a request should provide a compelling reason
supporting their request, such as physical impediment to attending
a Video proceeding, or a need for demonstrating haptic features,
etc. The technical complexity or