How are oral proceedings affected by COVID-19?

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

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

The Delhi High Court declined to stop Dr. Reddy’s from manufacturing Novo Nordisk’s drug, but will continue to hear the Danish company’s injunction application
More than 80 women have entered the top 250 list this year, which includes trailblazing practitioners from more than 50 jurisdictions
IP STARS, Managing IP’s accreditation title, reveals its latest trademark rankings and discloses which firms dominated their respective markets
Today’s rankings release marks a special moment in Managing IP’s calendar, and lawyers should feel proud of their achievements
A new dispute involving Mondelēz and Aldi, and a copyright ruling related to 'Eleanor’ Ford Mustangs were also among the top talking points this week
Via LA’s Qi wireless charging patent pool now covers more than 50% of all SEPs in the space
Vida Panganiban-Alindogan at SyCip Salazar Hernandez & Gatmaitan discusses IP valuation and why no IP practice area is more important than the other
The IP team at Morais Leitão discusses high-stakes litigation, strategic partnerships with clients, and bolstering cross-border expertise
Eszter Szakács discusses 5.30 am wake-ups, legal mind games, and eating Nutella in the middle of the night
Counsel explain how AI can create brand protection headaches, but also be used to fight fakes
Gift this article