1. Since 1 April 2020, oral proceedings before examining divisions are held by videoconference.^[ 1 ] Likewise, consultations in examination (previously referred to as interviews) may be held by videoconference.

2. Furthermore, oral proceedings before
opposition divisions are being held by videoconference in the context of
a pilot project launched on 4 May 2020.^[ 2 ]

3. The European Patent Office (EPO) has been
upgrading and expanding the technology and tools used for oral
proceedings by videoconference. Since September 2020, it has been in a
position to provide interpretation in oral proceedings, if so requested,
and to conduct oral proceedings by videoconference that involve a
greater number of participants.

4. On the basis of the experience gathered
in the first phase of the pilot project launched on 4 May 2020, the
President of the European Patent Office has decided to extend the pilot
project for oral proceedings by videoconference before opposition
divisions until 15 September 2021.^[ 3 ]
Furthermore, with a view to guaranteeing effective access to justice
and to avoiding a continuous increase in the number of unresolved
oppositions, for oral proceedings that are scheduled to take place on or
after 4 January 2021, the agreement of the parties to hold oral
proceedings in opposition proceedings by videoconference will no longer
be required under this pilot.

5. This notice provides updated and
consolidated information about the new conditions and practice as
regards oral proceedings before examining and opposition divisions, and
consultations, by videoconference. It supersedes the previous notices
concerning oral proceedings and interviews to be held by videoconference
dated 1 April 2020 (OJ EPO 2020, A40) and concerning the pilot project for oral proceedings by videoconference before opposition divisions dated 14 April 2020 (OJ EPO 2020, A42), as revised by the notice dated 13 May 2020 (OJ EPO 2020, A72).

Oral proceedings by videoconference before examining and opposition divisions

6. As a rule, where oral proceedings have
been requested or are considered expedient by the examining division or –
under the aforementioned pilot project – by the opposition division,
the parties will be summoned to oral proceedings held by
videoconference.

7. Oral proceedings before examining and
opposition divisions may only be held on the premises of the European
Patent Office if there are serious reasons against holding them by
videoconference.^[ 4 ]
Examples of serious reasons are, in particular, reasons relating to a
participant to the oral proceedings as an individual (e.g. a proven
visual impairment that prevents a representative from following oral
proceedings on screen) and reasons related to the nature and subject
matter of the proceedings (e.g. where they involve the demonstration or
inspection of an object where the haptic features are essential, to the
extent that this is possible in accordance with the applicable
provisions). Sweeping objections against the reliability of
videoconferencing technology or the non-availability of
videoconferencing equipment will, as a rule, not qualify as serious
reasons in this regard.

Requests for oral proceedings on the premises of the EPO

8. A request that oral proceedings be held
by way of exception on the premises of the EPO should be filed as early
as possible, preferably together with the request for oral proceedings.
The granting of a request for oral proceedings to be held on the
premises of the EPO will be at the discretion of the division in
question.

9. If the request for oral proceedings on
the premises of the EPO cannot be allowed and is received after the
summons to oral proceedings, the division will inform the parties that
the oral proceedings will take place by videoconference as set out in
the summons and include a brief reasoning as to why the request cannot
be granted. If the request is received before the summons has been
issued, the reasons for the refusal will be given in the annex to the
summons. In either case, a refusal of this type is not separately
appealable.

10. If a request for oral proceedings on the
premises of the EPO is allowable and is received after the summons to
oral proceedings by videoconference has been issued, the parties will be
informed that oral proceedings will be held on the premises of the EPO
as requested; where possible, the date of the oral proceedings will
remain unchanged.

Status

11. Oral proceedings held by videoconference are equivalent to oral proceedings held on the premises of the EPO.^[ 5 ]
Consequently, a request for further oral proceedings before the same
department (whether by videoconference or in any other form) may be
refused where the parties and the subject of the proceedings are the
same (Article 116(1) EPC).

Technical information

12. Videoconferences will be conducted using
IP technology. Detailed information on the technology and tools used by
the EPO and on the minimum technical requirements is available on the
EPO website and will be communicated to the parties. Such information
may be updated from time to time. Users are, therefore, advised to check
the website regularly.

13. All participants to oral proceedings or
consultations must ensure that their videoconferencing equipment meets
the technical requirements specified. They are encouraged to perform a
test call well before the oral proceedings take place.

Date and time of oral proceedings and consultations by videoconference

14. Oral proceedings and consultations held by videoconference will take place on a working day within EPO working hours.

Confirmation email

15. In addition to the summons, participants
will receive an email confirming the date, time and the videoconference
contact details to be used to establish the connection (in the form of a
link or by other suitable means) and containing any further appropriate
information, including on the organisation of the videoconference.

Remote connection of members of a division

16. The members of the division may connect to oral proceedings held by videoconference remotely from different locations.

17. Participants will be informed of the
remote participation of members of the division at the beginning of the
oral proceedings, after the connection has been established and before
they are formally opened.

Participation of parties and their representatives from different locations

18. A party and their representative may be
allowed to connect to the videoconference from different locations, on
condition that this does not have an impact on the stability on the
videoconference connection. An intention to that effect should be
indicated as early as possible.

Recording

19. No image or sound recording, or
retransmission, may be made of any part of the oral proceedings or
consultations held by videoconference other than by the EPO.

Submission and transmission of documents

20. During oral proceedings and consultations held by videoconference, documents must be filed by email.^[ 6 ] The division in question will provide the parties or representatives with the email address to be used.

21. Any emails and attached documents filed
by a party during oral proceedings in opposition proceedings will be
forwarded by the EPO to the other parties, unless the party in question
has already sent them directly to the email address indicated by the
other parties. Therefore, each party must communicate to the chairperson
and, where possible, to the other parties at the beginning of the oral
proceedings the email address it wishes to use for receiving copies of
such documents. Parties and representatives must ensure that they can
immediately take note of any document sent to the email address
indicated by them.

Technical problems

22. Where, notwithstanding all efforts of
the participants, technical problems prevent the oral proceedings by
videoconference from being conducted or continued, a new summons to oral
proceedings will be issued. As a rule, such new oral proceedings will
be held by videoconference, unless there are serious reasons for not
doing so.

Equipment and costs

23. The EPO videoconference studios are for the use of EPO staff only.

24. The EPO does not require the payment of a
specific fee for holding oral proceedings or consultations by
videoconference. Participants will bear only the costs for their
connection to the internet and any technical facilities or software at
their end.

Attendance of members of the public at opposition oral proceedings

25. Oral proceedings in opposition proceedings are public, in so far as the opposition division does not decide otherwise (Article 116(4) EPC).
Members of the public may, upon giving prior notice, be provided with a
link to connect to the videoconference. Alternatively, they can attend
public oral proceedings held by videoconference in a dedicated room on
the premises of the EPO. The way in which members of the public may
attend oral proceedings held by videoconference will be announced on the
EPO website.

Further information

26. Further information on the technology,
procedure and etiquette for conducting oral proceedings and
consultations by videoconference is available on the EPO website.

[ 1 ]
Decision of the President of the European Patent Office dated
1 April 2020 concerning oral proceedings held by videoconference before
examining divisions (OJ EPO 2020, A39).

[ 2 ]
Decision of the President of the European Patent Office dated
14 April 2020 concerning the pilot project for oral proceedings by
videoconference before opposition divisions (OJ EPO 2020, A41).

[ 3 ]
Decision of the President of the European Patent Office dated
10 November 2020 concerning the modification and extension of the pilot
project for oral proceedings by videoconference before opposition
divisions.

[ 4 ]
Article 1(2) of the Decision of the President of the European Patent
Office dated 1 April 2020 concerning oral proceedings held by
videoconference before examining divisions (OJ EPO 2020, A39);
Article 2(2) of the Decision of the President of the European Patent
Office dated 10 November 2020 concerning the modification and extension
of the pilot project for oral proceedings by videoconference before
opposition divisions.

[ 5 ]
Article 1(3) of the Decision of the President of the European Patent
Office dated 1 April 2020 concerning oral proceedings held by
videoconference before examining divisions (OJ EPO 2020, A39);
Article 2(3) of the Decision of the President of the European Patent
Office dated 10 November 2020 concerning the modification and extension
of the pilot project for oral proceedings by videoconference before
opposition divisions.

[ 6 ]
Article 1(1) of the Decision of the President of the European Patent
Office dated 13 May 2020 concerning the filing of documents during
telephone consultations and during interviews and oral proceedings held
by videoconference (OJ EPO 2020, A71).