Breaking: EPO backs mandatory VICO – only in emergencies

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

Breaking: EPO backs mandatory VICO – only in emergencies

epo-vico-comp.jpg

The Enlarged Board of Appeal has avoided answering whether video conferences can become mandatory in a non-emergency situation

The EPO’s Enlarged Board of Appeal ruled today, July 16, that oral appeal proceedings by video conference can be held without the consent of parties – but only in states of emergency.

In its decision in case G1/21, the EBoA found that the boards can, during periods of general emergency that impair parties’ ability to attend in-person proceedings, hold a VICO hearing by default without both parties’ consent.

However, the EBoA did not address whether VICO proceedings can be held without the consent of the parties in the absence of a period of emergency. It also unclear who would decide this definition.

“During a general emergency impairing the parties’ possibilities to attend in-person oral proceedings at the EPO premises, the conduct of oral proceedings before the Boards of Appeal in the form of a video conference is compatible with the EPC even if not all of the parties to the proceedings have given their consent,” the EBoA wrote in its decision.

In response to the COVID-19 pandemic, the BoA has been holding oral proceedings via VICO.

The G1/21 hearing has not been short of controversy. The composition of the panel hearing the dispute was changed after the EBoA accepted that there was a justified fear of bias.

Those concerns were raised because BoA president Carl Josefsson, who was involved in the drafting of the article that allowed for VICO hearings, was due to sit on the panel hearing the dispute.

Josefsson was replaced by EBoA member Fritz Blumer.

Managing IP will provide further analysis in the coming days. 

more from across site and SHARED ros bottom lb

More from across our site

Siegmund Gutman, who joined Mintz one year ago, explains the firm’s approach to life sciences litigation and what it means for hiring plans
The merger of two IP boutiques could prompt others to follow suit and challenge Australia’s externally funded firms
Law firm leaders say they are eager to make the most out of the market following a 'surprising' survey on in-house interest in IP monetisation
A defeat for AstraZeneca and Open Innovation Network's 20th anniversary were also among the top talking points this week
Nigel Stoate, head of Taylor Wessing's award-winning UK patents team, tells us about his team’s UPC successes and why collaboration is king
Camilla Balleny, who spent a decade at Carpmaels & Ransford, will become the firm’s first head of patent litigation, Managing IP can reveal
Leaders at the newly merged firm Jones Maxwell Smith & Davis reveal their plan to take on bigger firms while attracting more clients and talent
Charles Achkar, who will bring a team of two with him, said he was excited about joining ‘one of the few strong IP boutiques’
Andy Lee, head of IP at Brandsmiths and winner of the Soft IP Practitioner of the Year award, tells us why 2024 was a seminal year and why clients value brave advice
The deal to acquire MIP's parent company is expected to complete by the end of May 2025
Gift this article