Chapter I – Common provisions governing procedure
16th edition: this version presents the text in force on 1 July 2020. |
(1) Oral proceedings shall take place either at the instance of the European Patent Office if it considers this to be expedient or at the request of any party to the proceedings. However, the European Patent Office may reject a request for further oral proceedings before the same department where the parties and the subject of the proceedings are the same.
(2) Nevertheless, oral proceedings shall take place before the Receiving Section at the request of the applicant only where the Receiving Section considers this to be expedient or where it intends to refuse the European patent application.
(3) Oral proceedings before the Receiving Section, the Examining Divisions and the Legal Division shall not be public.
(4) Oral proceedings, including delivery of the decision, shall be public, as regards the Boards of Appeal and the Enlarged Board of Appeal, after publication of the European patent application, and also before the Opposition Divisions, in so far as the department before which the proceedings are taking place does not decide otherwise in cases where admission of the public could have serious and unjustified disadvantages, in particular for a party to the proceedings.
133See decisions of the Enlarged Board of Appeal G 2/94, G 4/95 (Annex I).
134See the information from the EPO concerning interviews and oral proceedings to be held as a video-conference (OJ EPO 2012, 354).
See the decision of the President of the EPO and the notice from the EPO dated 01.04.2020 concerning oral proceedings by videoconference before examining divisions (OJ EPO 2020, A39, A40 and OJ EPO 2020, A72).
See the decision of the President of the EPO and the notice from the EPO dated 14.04.2020 concerning the pilot project for oral proceedings by videoconference before opposition divisions (OJ EPO 2020, A41, A42 and OJ EPO 2020, A72).
See the notices of the Vice-President DG 3 (Special edition No. 3 OJ EPO 2007, H.1, H.2 and H.3; OJ EPO 2014, A21).