EPO: The EPO moves further towards oral proceedings via video conference

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

Cookies Settings

EPO: The EPO moves further towards oral proceedings via video conference

Sponsored by

inspicos-400px recrop.jpg
Photo of white blank screen laptop, black coffee cup and coasters on the wooden working desk over blurred modern cafe background.

At the beginning of 1998, the EPO began allowing oral proceedings to be held as a video conference (OJ EPO 1997, 572). Video conferencing was only available for oral proceedings held before an examining division, i.e. prior to grant of the European patent. Oral proceedings before examining divisions are more suited to video conferencing as they are usually shorter and less complex than opposition oral proceedings, they are not open to the public, and only one party is present (the patent applicant).

Until now, there has not been an opportunity for oral proceedings to be held before the opposition division. However, in a Notice from the EPO dated April 14 2020, the EPO announced a pilot project in which oral proceedings could take place via video conference before opposition divisions.

Many of the requirements in the Notice for requesting and arranging oral proceedings via video conference in opposition proceedings remain the same as those established for examination oral proceedings. However, opposition oral proceedings will not be held via video conference if witnesses are to be heard, or if simultaneous interpretation between the official EPO languages is needed.

The pilot project allows examiners, parties to the proceedings and their representatives to participate from different locations. Exchange of written documents is to take place via email. Any technical problems which mean that parties cannot be adequately represented may result in a new summons to oral proceedings being issued.

Opposition oral proceedings are generally open to the public, according to Article 116(4) EPC. This, of course, poses issues when oral proceedings are held via video conference. The EPO will allow members of the public to watch opposition oral proceedings via a video link to a dedicated room at the EPO's offices. The opportunity will also be given for members of the public to connect to the video conference remotely. It remains to be seen whether these solutions are acceptable for those wishing to observe opposition oral proceedings.

This pilot project started on May 4 2020 and is due to run until April 30 2021.

Edward Farrington

more from across site and SHARED ros bottom lb

More from across our site

Jevon Louis explains how Covid led to a focus on local clients, discusses why mediation is successful in Singapore and reflects on the growing demand for AI advice
An increase in instructions from domestic companies and litigation for international clients are driving success for the Chinese IP firm, according to two lead partners
Ankur Sangal said he wants his team, nearly 30-strong already, to respond to a growing demand for specialist, commercially focused IP advice in a ‘rapidly evolving’ Indian market
As AI adoption accelerates across corporate IP departments, Simon Webster, president of IP at Clarivate, argues that success will depend less on technology alone and more on data quality, workflow design, and organisational readiness
After months of speculation over his next move, former Texas patent judge Alan Albright has found a new home at the firm’s Austin office
Law firms can now participate in the research for the Managing IP Awards and IP STARS rankings
The firm has hired former Norton Rose Fulbright patent prosecution leader Ronak Kalhor-Witzel as it seeks to strengthen its position in high-value technology, UPC and international patent matters
Angela Dunning shares why it’s an exciting time to be practising at the intersection of AI and IP, where the law is actively being made
The Dutch division is cementing its position as the UPC's primary alternative to Germany, with a consistent share of filings and growing market influence
Junior lawyers aren’t unwilling to work hard, as some seniors believe; rather, they are rejecting traditional career advancement models that have limited payoff
Gift this article