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Decision
of the President of the European Patent Office dated 9 June 2021
concerning oral proceedings by videoconference before the Receiving
Section
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.
The President of the European Patent Office, having regard to Articles 10(2)(a) and 116 of the European Patent Convention (EPC), has decided as follows:
Article 1
Oral proceedings by videoconference before the Receiving Section
(1) Oral proceedings before the Receiving Section in accordance with Article 116(2) EPC
are to be held by videoconference. The applicant and its representative
may connect to the oral proceedings by videoconference from different
locations.
(2) Notwithstanding paragraph 1, oral
proceedings may be held on the premises of the European Patent Office,
either at the request of the applicant or at the instigation of the
Receiving Section, if there are serious reasons against holding the oral
proceedings by videoconference. If a request to hold oral proceedings
on the premises of the European Patent Office is refused, the applicant
will be informed of the reasons; such a refusal is not separately
appealable.
(3) Oral proceedings by videoconference are equivalent to oral proceedings held on the premises of the European Patent Office.
(4) The venue of the oral proceedings will be deemed to be the location where the Receiving Section is set up.
Article 2
Submissions during oral proceedings by videoconference
During oral proceedings by videoconference
before the Receiving Section, documents are to be filed by means of
electronic communication in accordance with the decision of the
President of the European Patent Office dated 13 May 2020 concerning the
filing of documents during telephone consultations and during
interviews and oral proceedings held by videoconference (OJ EPO 2020, A71). Documents must be sent to the email address indicated by the Receiving Section.
Article 3
Technical problems
If technical problems preventing the oral
proceedings by videoconference from being conducted in accordance with
the applicant’s rights under Articles 113 and 116 EPC cannot be overcome during the videoconference, the Receiving Section will issue a new summons to oral proceedings.
Article 4
Non-attendance at oral proceedings by videoconference
If an applicant fails to connect to the oral
proceedings by videoconference for reasons other than technical
problems, the proceedings may continue in accordance with Rule 115(2) EPC.
Article 5
Entry into force
This decision enters into force on
1 July 2021. It applies to all oral proceedings before the Receiving
Section scheduled to take place on or after that date.
Done at Munich, 9 June 2021
António CAMPINOS
President