1. Referral G 1/21 (“Oral
proceedings by videoconference”) is pending before the Enlarged Board
of Appeal. The question referred seeks to clarify whether the conduct of
oral proceedings in the form of a videoconference is 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.
Reference is made to referring decision T 1807/15.

2. The President of the EPO has decided that
in order to guarantee access to justice and ensure the functioning of
the EPO, oral proceedings before examining and opposition divisions will
continue to be held by videoconference in accordance with the
applicable decision of the President of the EPO,^[ 1 ] i.e. without requiring the agreement of the parties.

3. The present notice applies with immediate effect until the Enlarged Board of Appeal has announced its decision.

^[ 1 ]
Decision of the President of the European Patent Office dated 10
November 2020 concerning the modification and extension of the pilot
project for oral proceedings by videoconference before opposition
divisions, OJ EPO 2020, A121;
Decision of the President of the EPO dated 17 December 2020 concerning
oral proceedings by videoconference before examining divisions, OJ EPO 2020, A134.