How are oral proceedings affected by COVID-19?

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

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

Top talking points also included news of an appellate ruling concerning ‘Pisco’ and Indian drugmakers gearing up to launch generic versions of Ozempic as Novo Nordisk’s patent expires
The government’s keenly awaited view on AI and copyright has positive themes but leaves rights owners wanting, says Rebecca Newman at Addleshaw Goddard
While IP Australia’s updated manual could be favourable to computer-implemented inventions, stakeholders would like to see whether a consistent and reliable standard is followed during actual examination
UKIPO will remain a competitive option as long as efficient service continues
A future opt-out has not been ruled out, but practitioners warn that the UK could fall behind in the AI race
US patent lawyers say they are increasingly advising clients on China strategies as corporations seek to gain leverage in enforcement, licensing, and supply chain management
Mike Rueckheim reunites with 12 of his former Winston & Strawn colleagues as King & Spalding continues aggressive hiring streak
As global commerce continues to expand through e-commerce platforms and digital marketplaces, protecting brands has become a growing challenge for organisations worldwide. Counterfeiting, intellectual property infringement, and online brand abuse are increasing across industries, making brand protection strategies a critical priority for businesses.
Henrik Holzapfel and Chuck Larsen of McDermott Will & Schulte explain why a Court of Appeal ruling could promote access to justice and present a growth opportunity for litigation finance
A co-partner in charge says the UK prosecution teams are a ‘vital’ part of the firm’s offering, while praising a key injunction win
Gift this article