< Back to latest news & events

News

EPO continues oral proceedings by videoconference in examination and opposition during pendency of referral G 1/21

March 2021

The EPO Boards of Appeal took the decision that from the start of 2021, all Boards of Appeal oral proceedings could be held by videoconference, even if the parties to the proceedings were not in agreement (ostensibly aping the position before Opposition and Examining Divisions).

This decision has been divisive since many believe that holding proceedings by video conference does not give either appellants or respondents the best chance of presenting their case.

On 12 March 2021, Technical Board of Appeal 3.5.02 in appeal case T1807/15 made a referral to the Enlarged Board of Appeal seeking to clarify whether, in view of Article 116(1) EPC, oral proceedings may be conducted by videoconference (VICO) without all parties’ consent. The referral concerns appeal proceedings, but also extends to oral proceedings by VICO before examining and opposition divisions.

The following question was referred to the Enlarged Board of Appeal (G 1/21):

“Is the conduct of oral proceedings in the form of a videoconference compatible with the right to oral proceedings as enshrined in Article 116(1) EPC if not all of the parties to the proceedings have given their consent to the conduct of oral proceedings in the form of a videoconference?”

The Enlarged Board of Appeal will consider the referral on 28 May 2021.

The EPO has today stated that during pendency of the referral, oral proceedings before examining and opposition divisions will continue to be held by VICO as under current practice – that is, without requiring explicit agreement of the parties.  The statement from the EPO does not explicitly mention oral proceedings before the Boards of Appeal however.  It is therefore arguable that the EPO would consider a request for a stay of proceeding in light of the pending referral G 1/12.

This article 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

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

PRESS RELEASE: HGF Announces Promotion of Nine New Partners Following CBPE Investment

HGF is proud to announce the promotion of nine new partners across the firm, marking a significant milestone following private investment from CBPE in October 2024. These promotions follow the …

Read article

HGF named as Intellectual Property Firm of the Year (Leeds) at the Legal Insider Awards

We are proud to announce that HGF has been recognised as the Intellectual Property Firm of the Year – Leeds 2025 – by the Legal Insider! This acknowledgment is a …

Read article
Event - 3rd June 2025

Salzburg Seminar: Patents, trademarks, intellectual property rights – how startups can act strategically

Young companies make many important decisions during the start-up phase. One of the most important questions is: How do I deal strategically with innovations, ideas, and brand development? Those who …

Event details

IP Ingredients: Why are food tech patent applications in Europe falling?

Number of European patent applications and grants in Food Chemistry In March 2025 the European Patent Office (EPO) published its Patent Index 2024 – an analysis of the number of …

Read article

Re-defining Design Protection in the European Union – What it means for your business

On 1 May 2025, the first phase of the European Union’s long-anticipated design law reforms come into effect, with the second phase of changes being brought in on 1 July …

Read article

HGF partners with Rowan Patents to drive innovation in patent drafting

HGF has partnered with Rowan Patents, now part of Clarivate, to enhance and streamline our patent drafting process to continue delivering superior client service. With a continued focus on innovation …

Read article