Today, the EPO Enlarged Board of Appeal has handed down its first order in the high-profile G 1\/21 case regarding video conferencing. A press communiqu\u00e9 published on the EPO website confirms that compulsory video conferencing is admissible in appeal proceedings under the European Patent Convention “in a general emergency”. However, parties await the final decision, and the EBA’s full reasoning.<\/p>\n\n\n\n
[\u2026]<\/p>\n\n\n\n
Since early 2020, the EPO has conducted hearings at least partially via video conference. [\u2026] This has caused some consternation between parties, with some reasoning that not conducting hearings in person constitutes a disadvantage.<\/p>\n\n\n\n
[\u2026]<\/p>\n\n\n\n
Today\u2019s order circulated by the EPO reads, \u201cDuring a general emergency impairing the parties\u2019 possibilities to attend in-person oral proceedings at the EPO premises, the conduct of oral proceedings before the boards of appeal in the form of a videoconference is compatible with the EPC even 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.<\/em>\u201d<\/p>\n\n\n\n [\u2026]<\/p>\n\n\n\n The full decision and further clarification will be expected before the end of 2021.<\/p>\n\n\n\n