Patentamt

European
Patent Office

Office europ?en
des brevets

 

European Patent Of?ce 80298 MUNICH IGERMANY

Institute of Professional Representatives
before the EPO (epi)

Francis Leyder, President

Bayerstrasse 83

80335 Mi?mchen

Oral proceedings by video-conference in examination and opposition
Dear Mr Leyder,

In view of the disruptions caused by the current spread of the corona virus and
disease the possibility to hold oral proceedings before the EPO by
video-conference has gained unprecedented importance. For applicants and
patent attorneys it avoids a need to travel, and for examiners it makes it possible
to participate in oral proceedings remotely. Even when looking beyond the current
situation, I ?rmly believe that video-conferencing can contribute to a more
efficient, modern and sustainable European patent system, in line with the goals
of the Strategic Plan 2023.

As you will know, the EPO has taken a number of ad hoe-measures to facilitate
the use of video-conferencing in oral proceedings under the present
circumstances. Since the start of the disruptions a number of oral proceedings in
examination have been held as video-conference or will be conducted in this way
In the coming weeks. In opposition, too, we have exceptionally made it possible
to hold oral proceedings by video-conference to the extent feasible.

The EPO would now like to go a step further and establish video-conferencing as
the standard way of conducting oral proceedings in examination, and to allow this
in opposition upon request of a party or at the instigation of the divison. Both a
party and his representative as well as the members of a division should be
allowed to join the video?conference from different locations. In examination, oral
proceedings would be held on the premises of the EPO in exceptional cases only,
in particular when evidence needs to be taken directly or when there are other
serious reasons. Oral proceedings in opposition proceedings are equally
excluded from video-conferencing if they involve the taking of evidence.

European Patent Of?ce
80298 Munich
Germany

Of?ce address
Bob-van-Benthem-Platz 1
80469 Munich

Germany



The President

Tel. +49 (0)89 2399 - 1000
Fax +49 (0)89 2399 - 2892
president@epo.org

Date:

The EPO intends to inform users about this measure at the forthcoming meeting
of the SACEPO Working Party Rules on 31 March 2020. I would be most grateful
for the comments of epi and its members during the meeting so that the necessary
measures can be implemented swiftly thereafter and, as much as possible,
already be relied on for oral proceedings scheduled to take place in the coming
weeks.

I thank you in advance for your attention to this important matter.

Yours sincerely, :3 I 3 C. I

just. Cup:

Antonio Campinos

Encs

Decisions of the EPO President on oral proceedings by video-conference before
examining divisions

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