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

The firm is continuing its aggressive IP hiring streak with the addition of partner Matthew Rizzolo
Pantech counsel Shogo Matsunaga speaks exclusively to Managing IP about how his team proved Google’s unwillingness, and ultimately secured a landmark SEP settlement
New partners, including the firm’s first female head of a department, are eyeing a deeper focus on client understanding
Chunguang Hu of China PAT explains why his ‘insider’ experience as a patent examiner benefits clients and why he wants to debunk the myth that IP has limited value in China
Essenese Obhan shares his expansion plans and vision of creating a ‘one-stop shop’ for clients after Indian firms Obhan & Associates and Mason & Associates joined forces
From AI and the UPC to troublesome trademarks in China, experts name the IP trends likely to dominate 2026
Colm Murphy says he is keen to help clients navigate cross-border IP challenges in Europe
With 2025 behind us, US practitioners sit down with Managing IP to discuss the major IP moments from the year and what to expect in 2026
Large-scale transatlantic mergers will give US entities a strong foothold at the UPC, and could spark further fragmentation of European patent practices
This year’s most-read stories covered uncertainty at the USPTO, a potential boycott of a major international IP conference, rankings releases, and a contempt of court proceeding
Gift this article