EPO – Oral proceedings by Video Conference

As was widely expected, the EPO have now confirmed that oral proceedings will continue to be held by videoconference from 1 January 2023, except in exceptional circumstances.

By way of a decision on 22 November 2022, the EPO have set out that the default position surrounding oral proceedings is that they will be held virtually, rather than in person, unless “serious reasons” are provided by at least one party to the proceedings.  Any decision to refuse an “in person” hearing will not be appealable.

The term “serious reason” is explained by the EPO as follows:

Examples of serious reasons are, in particular, reasons relating to a participant in 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 or the inspection of an object that cannot be made available for inspection by videoconference). Sweeping objections based on the reliability of videoconferencing technology or the non-availability of videoconferencing equipment will, as a rule, not qualify as serious reasons in this regard.

This decision will help maintain easy accessibility to the process at the EPO, especially for applicants, as participants do not need to travel to The Hague, Munich or Berlin, thereby saving time and costs for all concerned.

Contact

Tony Smee

[email protected]

News & insights

Updates to UKIPO AI Guidelines - 30 January 2025

The UKIPO have once again updated their guidance for examining patent applications relating to AI inventions following the recent Court of Appeal judgment in Emotional Perception AI Ltd v Comptroller-General of Patents [2024] EW

Read more

Emma Norris joins CIPA Committee

We are pleased to announce one of our Senior IP Paralegals has been elected to join the CIPA Paralegal Committee. Emma Norris was elected in January 2025 and will serve a 3 year term. The Committee delivers training and education for patent paralegals and is vital in continuing to promote the Patent Paralegals profession on behalf of CIPA.

Read more

Emotional Perception heads to the Supreme Court

Emotional Perception have been granted permission to appeal the recent Court of Appeal decision to the UK Supreme Court, in the latest development to the Emotional Perception vs Comptroller-General of Patents case. 

Read more