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 2025

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

Counsel explain how they’re navigating patent prosecution matters and highlight key takeaways from Federal Circuit cases
A partner who joined Fenwick alongside two others explains what drew her to the firm and her hopes for growth in Boston
The England and Wales High Court has granted Kirkland & Ellis client Samsung interim declaratory relief in its ongoing FRAND dispute with ZTE
A UDRP decision that found in favour of a small business in a domain name dispute could encourage more businesses to take a stand in ‘David v Goliath’ cases
In Iconix v Dream Pairs, the Supreme Court said the Court of Appeal was wrong to interfere with an earlier ruling, prompting questions about the appeal court’s remit
Chris Moore at HGF reflects on the ‘spirit of collegiality’ that led to an important ruling in G1/24, a case concerning how European patent claims should be interpreted
The court ruled against the owner of the ‘Umbro’ mark, despite noting that post-sale confusion can be a legitimate ground for infringement
Shem Otanga discusses the importance of curiosity and passion, and why he would have loved to have been a professional recording artist
Practitioners say the Bombay High Court shouldn’t have refused well-known trademark recognition for TikTok simply because the app is banned in India
In-house counsel explain why firms should provide risk management advice that helps them achieve their goals
Gift this article