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Communication from the Enlarged Board of Appeal concerning case G 1/21
This text is intended for publication in the
Official Journal (OJ) of the EPO. It is made available in advance on
the EPO website merely as a courtesy to the public. Only the text
subsequently published in the officially certified PDF file of the OJ is
authentic. It cannot be guaranteed that this advance version accurately
replicates that text.
In accordance with Article 112(1)(a) EPC,
Technical Board of Appeal 3.5.02 has referred the following point of
law to the Enlarged Board of Appeal by interlocutory decision of 12
March 2021 in case T 1807/15:
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 text of the referral in English is available on the EPO website under www.epo.org/law-practice/case-law-appeals/recent/t151807eu1.html.
The Enlarged Board of Appeal considering the
referral will be composed as follows: C. Josefsson (Chairman),
W. van der Eijk, I. Beckedorf, R. Arnold, E. Chatzikos, G. Eliasson,
A. Ritzka.
For more information about the procedural steps in G 1/21 reference is made to the website of the Boards of Appeal www.epo.org/law-practice/case-law-appeals/communications/2021/20210324.html).