EPO G1/21 communication – oral proceedings by videoconference “during times of emergency”
On 16 July 2021, the Enlarged Board of Appeal issued the order of its decision in G1/21.
In T1807/15, the EPO Board of Appeal referred the following question to the Enlarged Board of Appeal for a decision: “Is the conduct of oral proceedings in the form of a videoconference compatible with the right to oral proceedings as enshrined in Article 116(1) EPC if not all of the parties to the proceedings have given their consent to the conduct of oral proceedings in the form of a videoconference?”
The EPO’s communication of 16 July 2021 comments that:
“In G 1/21 the Enlarged Board of Appeal limited the scope of its answer to the more broadly formulated question referred by Technical Board 3.5.02, by confining its order to oral proceedings that are held during a period of general emergency impairing the parties' possibilities to attend in-person oral proceedings at the EPO premises and moreover are conducted specifically before the Boards of Appeal.
Accordingly, in its order the Enlarged Board 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. Nor did the order address the question 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.”
The Enlarged Board of Appeal’s order notes:
“During a general emergency impairing the parties' possibilities to attend in-person oral proceedings at the EPO premises, the conduct of oral proceedings before the Boards of Appeal in the form of a videoconference is compatible with the EPC even if not all of the parties to the proceedings have given their consent to the conduct of oral proceedings in the form of a videoconference.”
We await the reasons for the decision, which the EPO communication of 16 July 2021 notes will be “issued in writing in due course”.
View the EPO’s communication of 16 July 2021 in full
Read moreBackground to this case
You can read more about the background to this case in our update of 01 June 2020.
Read moreIf you have any questions on G 1/21 or the use of ViCo in EPO hearings, please contact us at mail@dyoung.com.
Guide to ViCo at the EPO
We have produced a guide drawing from our experience of ex parte and inter partes oral proceedings before the EPO by video conference to aid participants of such proceedings in what they might expect and how best to prepare.
Our “Client Checklist for ViCo” is included for clients attending a ViCo hearing.
Read more
