Decision of the EBoA regarding G1/21

Published July 2021

Decision of the EBoA regarding G1/21

Oral proceedings by videoconference can be enforced by the EPO during the pandemic

On 16 July 2021 the EPO’s Enlarged Board of Appeal (EBoA) decided on referral G 1/21 regarding the legality of enforcing oral proceedings by videoconference, even if both parties objected. The decision was taken after a public hearing held before the EBoA on 2 July 2021. The EBoA endorsed conduct of oral proceedings by videoconference for appeals during the pandemic.

The decision did not address the question whether oral proceedings by videoconference may be held without the consent of the parties in the absence of a period of general emergency (such as the Covid-19 Pandemic). Nor did it address whether oral proceedings by videoconference may be held without the consent of the parties in examination or opposition proceedings before the EPO’s departments of first instance.

The reasons for the decision will be available in writing from the EBoA soon, then the EPO is expected to assess any potential indirect implications on oral proceedings held by videoconferencing before the EPO’s departments of first instance.

This update was prepared by HGF Partner Dr Chris Moore. If you would like further advice on this or any other matter, please contact Chris. Alternatively, you can contact your usual HGF representative or visit our Contact page to get in touch with your nearest HGF office.

Latest updates

Event - 14th October 2026

Seminar on the new EU Pharma Package and its implications for regulatory exclusivities in the EU.

We are pleased to invite you to our seminar on the new EU Pharma Package and its implications for regulatory exclusivities in the EU. Speaker: Dr Andrew Wells (Partner and …

Event details
Event - 28th October 2026

HGF Attending BMCS Antibody–Drug Conjugates 2026

HGF is pleased to announce that Dr Thomas Lonsdale, Patent Director, will be attending the BMCS Antibody–Drug Conjugates 2026 meeting, taking place on 19 November 2026 at GSK, Stevenage, UK. …

Event details
Event - 28th October 2026

HGF Attending the KINPA Conference 2026

HGF is pleased to be attending the KINPA Conference 2026, taking place on 28 October in Seoul, South Korea. Recognised as Korea’s largest intellectual property gathering, the conference brings together …

Event details
Event - 17th - 19th November 2026

HGF Attending IPBC Asia 2026

HGF is pleased to announce that Partner, Dr Jennifer Uno, will be attending IPBC Asia 2026, taking place from 17-19 November 2026 in Tokyo, Japan. The event is one of …

Event details
Event - 4th November 2026

IAM Navigating the UPC conference

HGF are gold sponsors of the IAM Live Navigating the UPC conference. IAM Live: Navigating the UPC returns to Paris in November bringing together over 180 industry leaders for an …

Event details
Event - 12th October 2026

HGF to attend Festival of Biologics 2026

HGF is pleased to announce that Frédéric Didelon, Partner and European Patent Attorney in our Life Sciences team, will be attending the Festival of Biologics, taking place 13-15 October 2026 …

Event details
Event - 29th October 2026

Join us for HGF’s IP clinic after ETZ EnergyWorks' Brewed for Growth event

Following ETZ EnergyWorks’ Brewed for Growth event on Thursday 29 October, we are hosting our next IP clinic from 10am-1pm, offering practical, confidential advice at no cost. If you’re developing …

Event details
Event - 27th October 2026

HGF sponsors pro-manchester Retail Lunch 2026

HGF is delighted to be sponsoring pro-manchester Retail Lunch 2026, taking place on Tuesday 27 October 2026 at INNSiDE by Meliá in Manchester. As part of the event, HGF Partner …

Event details