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

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

As concerns around the little-known litigation tool increase, practitioners say they are educating their clients on how it can be most effective
Kilburn & Strode and Mewburn Ellis are just two firms that have invested heavily in office space – a sign that the legal industry is serious about in-person working
In major recent developments, Dyson snagged another win against Hong Kong-based competitor Dreame and a new AI-powered UPC platform was launched
Mohit and Sidhant Goel decided not to pursue an interim injunction application so that their client, Communications Components Antenna, could benefit from a fast-track trial
Anita Cade, head of Ashurst’s IP and media team in Australia, discusses why law firms that can pull together capability across different practice areas and jurisdictions stand to gain
INTA’s CEO says London-based firms have registered fewer delegates compared to past meetings in San Diego and Atlanta, and questions the 'ethics' of trying to participate without registering
Lobbies and interest groups are among the interveners in a major dispute over whether courts can set patent pool rates
Benoit Geurts and Coreena Brinck will help the firm ‘accelerate its innovation agenda’, according to its managing partner
News of a trademark row over Taylor Swift’s ‘The Life of a Showgirl’ and Nokia’s expansion of its IoT licensing programme were also among the top talking points
IP attorneys share how the Cox v Sony ruling impacts their counselling strategies, and if the case could influence how courts may assess liability for AI platforms
Gift this article