< Back to latest news & events

News

Decision of the EBoA regarding G1/21

July 2021

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

HGF Ranked #1 in the UK for Trade Mark Portfolios in the 2025 Trade Mark Filing Trends Report by Clarivate.

HGF has achieved the #1 ranking for the UK for trade mark portfolios in the newly released 2025 Trade mark Filing Trends report by Clarivate, recognising the firm as a …

Read article

The EPO Board of Appeal comments on the scope of the morality exclusion from patentability

The recent decision, T1553/22 of the Board of Appeal required the Board to consider the scope of the exclusions from patentability under Article 53(a) EPC. The invention in this case …

Read article

The Enlarged Board of Appeal has today issued its decision in seminal case G1/24.

G1/24, described as one of the most important cases in decades, relates to how claims of patents are to be interpreted by the Boards of Appeal and, by extension, all …

Read article

UPC’s Hamburg Local Division provides guidance on the extent to which a patent may be used as its own “lexicon”

Agfa NV v Gucci & Anors. [UPC_CFI_278/2023] – Hamburg Local Division of the UPC (Klepsch, Schilling, Sarlin) – 30 April 2025 While we await a decision on G1/24 from the …

Read article

MevoCem Nominated for the Earthshot Prize by CIPA

We’re delighted to share that our client, Material Evolution, has been nominated by the Chartered Institute of Patent Attorneys (CIPA) for the globally renowned Earthshot Prize, in recognition of their …

Read article

Agritech Thymes: Agritech 2030: Forecasting the Technologies Poised to Transform Farming

Whilst yet to recover to the levels of 2011-2021, where capital invested in agritech increased 20-fold, investor funding in agritech is starting to pick up, and 2025 is set to …

Read article

UPC delivers first judgment on Validity and Infringement of a Second Medical Use Claim

Sanofi Biotechnology SAS & Anor v Amgen, Inc., & Ors– Thomas, Thom, Kupecz and Dorland-Galliot – [UPC_CFI_505/2024] The Dusseldorf Local Division (LD) has delivered the UPC’s first Judgment on second …

Read article