Further Developments Regarding Video Conference Hearings At The EPO

We recently reported  that the EPO's Enlarged Board of Appeal has scheduled a hearing date of 28 May 2021 for the referral regarding the legality of video conference oral proceedings without the consent of one or more of the parties.

The EPO has today announced (see here  and here) that it will continue to hold oral proceedings by video conference as under current practice, i.e. "without requiring explicit agreement of the parties". This outcome is perhaps not altogether surprising under the circumstances: the EPO has explained that "avoiding a further delay in access to justice is a priority". By contrast, had the EPO suspended all hearings scheduled to take place by video conference "without consent", the already lengthy backlog caused by the pandemic would be extended yet further.