EPO: Majority of users ‘positive’ about virtual hearings
The adoption of videoconferencing for oral proceedings in opposition hearings by the European Patent Office (EPO) is viewed favourably by the majority of its users, according to a new report.
The EPO released the report today, November 30, following a survey carried out in September.
These findings come after the EPO’s decision to make virtual oral proceedings compulsory without the consent of all affected parties provoked controversy and a legal challenge earlier this year.
According to the survey, two-thirds of the 700 respondents found the provision of oral proceedings in opposition by videoconference to be “good” or “very good”. The responses received also revealed what users like and dislike about virtual oral proceedings.
Commenting on the findings, EPO President António Campinos, said: “The last 18 months have taught us a great deal, and I thank the staff of the office and all of the patent profession for their patience and flexibility along the journey of the pilot project so far.
“The extensive feedback given has clearly shown that a majority of users value the time, money and emissions saved by conducting oral proceedings in opposition by videoconference.”
Respondents cited the main advantages as reductions in travel time (551) costs (407), and environmental impact (311), while the perceived disadvantages included difficulties detecting and responding to body language (458), presenting oral arguments (196), and the risk of technical problems (323).
The Chartered Institute of Patent Attorneys (CIPA) welcomed the findings of the survey. In a statement released on Twitter, CIPA said: “The largest ever response to an EPO survey supports our position: that oral proceedings held via video are fit-for-purpose and work well. We look forward to videoconferencing becoming the default format at the EPO.”
The EPO began piloting opposition oral proceedings held by videoconference in May 2020, to offset the disruption caused by the COVID-19 pandemic.
The report contains an evaluation of the EPO’s opposition to the pilot project so far and explains what the office will be doing following last week's decision to extend the pilot to May 31, 2022, in light of the worsening pandemic.
Campinos said video conferencing ensured timely access to justice, with the EPO now handling around 350 opposition oral proceedings each month.
“The greater transparency afforded by videoconference, with a 20-fold increase in public observers, is a bonus none of us predicted at the outset. The responses suggest that, for a majority of our users, videoconferencing is becoming their format of choice for oral proceedings,” added Campinos.
According to the EPO, users also now enjoy greater support when carrying out virtual hearings. This support includes having colleagues and a back office on hand to assist them during proceedings if unforeseen issues arise, and a larger pool of interpreters.
This is because the rise in remote proceedings since March 2020 has led to an increase in the use of interpreters (up from 30.7% in 2019 to 35.4% in 2021, especially in French), according to the office.
Since the introduction of virtual hearings, the EPO has provided a dedicated IT support desk to respond rapidly to technical problems during oral proceedings, as well as providing test call facilities before the proceedings.
Additionally, the office has expanded its training offer with new e-learning modules to assist patent professionals. More than 7000 users have participated in the various training courses offered by the EPO in 2021 or accessed online training material on demand.
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