Breaking: EPO backs mandatory VICO – only in emergencies

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

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

The 2026 Life Sciences EMEA Awards is now open for entries. We are looking forward to reviewing and celebrating the industry's most impressive achievements and landmarks from the past year.
The tie-up between Perkins Coie and Ashurst may generate some striking numbers, but independent IP firms need not worry yet, according to practitioners
Perkins Coie’s US patent prosecution strength could provide Ashurst with an opportunity to enter an untapped market in Australia, but it may not be easy
Mitesh Patel at Reed Smith outlines why the US Copyright Office and courts have so far dismissed AI authorship and how inventors can protect AI-generated works
Xia Zheng, founder of AFD China, discusses balancing legal work with BD, new approaches to complex challenges, and the dangers of ‘over-optimism’
A dispute involving semiconductor technology and a partner's move from Hoffman Eitle to Hoyng Rokh Monegier were also among the top talking points
A former Freshfields counsel and an ex-IBM counsel, who have joined forces at law firm Caldwell, say clients are increasingly sophisticated in their IP demands
Daniel Raymond, who will serve as head of client relations, tells Managing IP that law firms must offer ‘brave’ opinions if they want to keep winning new business
The new outfit, Ashurst Perkins Coie, will bring together around 3,000 lawyers across 23 countries
In the seventh episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP Out, a network for LGBTQAI+ professionals and their allies
Gift this article