Oral Proceedings By Video Conference

There is no doubt that the Covid-19 pandemic has altered the approach that the European Patent Office (EPO) has taken with respect to oral proceedings being held by video conferencing. Prior to 2020, whilst oral proceedings by video conferencing before an Examining Division was possible, this was not an option for Opposition or Appeal proceedings. A pilot project to allow such proceedings began in April 2020 for Oppositions and later in the year for Appeals. For proceedings before the Boards of Appeal, consent was required from all parties to the proceedings in order for them to be held via video conferencing.

A communication “ EPO - Oral proceedings before the Boards of Appeal – continuation of the measures adopted due to the coronavirus (COVID-19) pandemic and revised practice on oral proceedings by VICO” dated 15 December 2020, outlined that as from 1 January 2021, oral proceedings before the Boards of Appeal may be conducted by video conference even without the