How are oral proceedings affected by COVID-19?

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

How are oral proceedings affected by COVID-19?

Sponsored by

inspicos-400px recrop.jpg
Computer on desktop with social network theme icon. Multi exposure. Concept of international connections.

Under the exceptional circumstances caused by the COVID-19 pandemic, the EPO has postponed all oral proceedings in opposition scheduled for the rest of the year. Only oral proceedings already scheduled to take place by videoconference or to be held by videoconference with the parties' consent will take place this year. Oral proceedings in examination are still being held by videoconference whilst oral proceedings in appeal in principle still take place as scheduled.

At least in opposition cases, parties summoned to oral proceedings which are being rescheduled after the issuance of the Opposition Division's preliminary opinion, may hope for an updated version of the preliminary opinion to come out when divisions send out summons for the new date. In particular, where a provisional opinion communicated with the initial summons concludes that the opposed patent may not be upheld, and where the proprietor has subsequently furnished one or more auxiliary claim sets in preparation for the originally planned oral proceedings, the summons for the hearing may include the division's preliminary findings with regard to such auxiliary claim sets. Proprietors of patents likely not to be maintained as granted may greatly benefit from checking their auxiliary claims in preparation for oral proceedings.

In appeal, oral proceedings are in principle still being held as scheduled, with some cases being heard at the EPO's Isar building in Munich, and the starting times of oral proceedings possibly being staggered. Attendance is generally restricted to a maximum of two persons per party, and parties wishing to enter the buildings must complete a self-declaration form, confirming that they have not been to a high-risk area in the past 14 days (as published by the German Robert-Koch-Institute on its website). The use of a face mask on the way to the oral proceedings room is mandatory, and the boards may require the use of face masks inside the oral proceedings room too.

As regards requests for postponement of oral proceedings, a recent decision T 437/17 of July 8 2020 concluded that a mere general reference to the COVID-19 pandemic and health risks regarding travel in Germany was not a serious reason justifying the fixing of a new date.

more from across site and SHARED ros bottom lb

More from across our site

Monetisation is standing at the forefront of patent development, and one firm says AI is increasingly being deployed
Data centres are being built across the US, prompting patent disputes, but Texas’s thriving tech industry and patent-ready courts make the state particularly ‘ripe’ for litigation
Carpmaels & Ransford is set to bolster its UK attorney team with the appointment of Simmons & Simmons’s head of IP in the UK
Updates on Nokia’s licensing strides and a surge in patent activity around battery recycling in Australia were also among the top talking points
To mark International Day Against Child Labour, Matteo Amerio at Corsearch says the people inside businesses who can identify counterfeiting risks must be given the tools and authority to act
With genuine equity at IP firms becoming rarer, securing partnership is harder than ever, but increased transparency is also making climbing the ladder more predictable
Yossi Sivan explains how Israeli judgment is a pro-brand owner departure from the norm and why it sends a strong message that corporate structures are not always a shield
Halim Shehadeh, group CEO of IP firm CWB, says that in the rush to discuss what AI can do, IP firms are overlooking the more important question of whether they are ready
Caitlin Heard, who formally joined the firm from CMS last month, says she is excited by the ‘energy’ of the London office
Ranjna Mehta-Dutt, who moved to Chadha & Chadha after 25 years at Remfry & Sagar, says the firm plans to expand its life sciences practice through targeted recruitment and dedicated teams for bigger clients
Gift this article