19/11/2020
Now it will be mandatory with video conferences when oral proceedings are held before the European Patent Office.
In the light of COVID-19, the European Patent Office has decided that all oral proceedings in opposition proceedings shall be held by videoconference (VICO) from 4 January 2021. Oral proceedings which may not be held by videoconference shall be postponed to after September 15, 2021, if there are compelling reasons. Oral proceedings in examination proceedings will continue to have to be held with the help of VICO.
It is still unclear how long the European Patent Office expects the mandatory video conferencing to last. Typically, oral hearings with physical attendance are an important tool for patentees. In opposition proceedings, oral proceedings are always a natural end to a process in which both the patentee and the opponent are given the opportunity to present a convincing case.
Several European Patent Attorneys are concerned about the trend in the light of the pandemic, and video conferencing can easily change the dynamics of oral proceedings. And what about the future? Will the European Patent Office take the opportunity to make video conferencing permanent? There could be an economic perspective, but it could also mean that the right to be heard can be suppressed.
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