A guide to EPO oral proceedings by video conference
In oppositions and appeals at the European Patent Office (EPO), oral proceedings may be the final opportunity for a party to present submissions before an adverse decision is announced.
Traditionally, oral proceedings are held on the premises of the EPO, in Munich, The Hague and Berlin. However, since 1998, oral proceedings before the examining division have alternatively been held, typically upon request by a party, by video conference. Previously held using dedicated IP technology, video conferences are now held via Skype for Business or Zoom.
Video conferencing and access to justice
The devastating COVID-19 pandemic transformed adoption of holding oral proceedings by video conference, to sustain access to justice for parties. In 2019, about 900 oral proceedings before the examining divisions were held by video conference, increasing to more than 2,300 in 2020. Additionally, oral proceedings are now routinely held before the opposition divisions and the Boards of Appeal.
In 2020, more than 300 oral proceedings before the opposition divisions were held by video conference and the EPO plans to achieve the same number monthly in 2021. Between May and October 2020, 120 oral proceedings before the Boards of Appeal were held by video conference.
Similarities and differences
The implementing of regulations and conduct of oral proceedings differ between the examining divisions, the opposition divisions and the Boards of Appeal. The following table can be used as a reference guide to how each of these conduct their oral proceedings:
