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ARTICLE · 21 JULY 2021

Decision Of The EBoA Regarding G1/21

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Oral proceedings by videoconference can be enforced by the EPO during the pandemic

United KingdomLitigation, Mediation & Arbitration
Chris Moore
Chris Moore
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Oral proceedings by videoconference can be enforced by the EPO during the pandemic

On 16 July 2021 the EPO's Enlarged Board of Appeal (EBoA) decided on referral G 1/21 regarding the legality of enforcing oral proceedings by videoconference, even if both parties objected. The decision was taken after a public hearing held before the EBoA on 2 July 2021. The EBoA endorsed conduct of oral proceedings by videoconference for appeals during the pandemic.

The decision did not address the question whether oral proceedings by videoconference may be held without the consent of the parties in the absence of a period of general emergency (such as the Covid-19 Pandemic). Nor did it address whether oral proceedings by videoconference may be held without the consent of the parties in examination or opposition proceedings before the EPO's departments of first instance.

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