EPO to pilot oppositions by videoconference
The European Patent Office (EPO) is piloting opposition oral proceedings held by videoconference, as it seeks to mitigate the ongoing disruption caused by the COVID-19 pandemic.
Earlier this week, the EPO said it would postpone all oral proceedings in examination and opposition proceedings scheduled until April 30 2020.
This doesn’t apply to proceedings where videoconferencing has already been confirmed or where proceedings in examination are converted into oral proceedings by videoconference with the applicant's consent.
The office had previously granted a reprieve to parties with an extension of all deadlines until April 17. At the time, the EPO said the deadline could be extended further if “the dislocation extends beyond” April 17.
Now, the EPO is planning to launch a pilot for opposition oral proceedings by videoconference.
Parminder Lally, senior associate at Appleyard Lees, explained that the EPO moved to using Skype for Business for videoconferencing examination oral proceedings, which “makes it easier for companies to hold oral proceedings remotely”. However, it’s currently unclear what technology the EPO plans to use to hold oral proceedings for oppositions.
“As opposition proceedings involve at least three parties (the EPO, the patentee and the opponent), but can in some high-profile cases have dozens of opponents, I hope the EPO will perform extensive testing of the technology before beginning the pilot scheme on real opposition cases,” she added.
The spring meeting of the EPO's standing advisory committee’ working party on rules—which took place on March 31—looked at measures to further facilitate the use of videoconferencing in oral proceedings in examination and opposition.
“In view of current travel restrictions due to the COVID-19 outbreak, user representatives recognised that videoconferencing contributes to a more efficient and sustainable European patent system,” said an announcement from the committee.
Lally added that the current lockdown has highlighted flaws and security risks in some videoconferencing technologies especially when multiple parties are on a call. She said: “However, I applaud the EPO for thinking about this and modernising this aspect of the patent profession.”
However, while videoconferencing is the obvious answer for IP offices and courts across the world, the legal sector isn’t known for its ability to adopt technology. Earlier this week, WIPR reported on the first attempts at virtual courts over the past few weeks.
And, Katie Coltart of Kirkland & Ellis provided WIPR with her views on one of the first-ever virtual UK patent court hearings.
Appleyard Lees has been conducting EPO oral proceedings before the examining division by videoconference for years.
“Personally, I think video conference oral proceedings are great because they are more cost-effective for us and our clients than in-person oral proceedings, and they improve inclusivity in the patent profession for attorneys with caring responsibilities or disabilities that make travel difficult,” concluded Lally.
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