b) Departments of first instance 

(i) Rules prior to the COVID-19 pandemic

The possibility to request that oral proceedings before an examining division be held as a videoconference was introduced for applicants and their representatives as from 1 January 1998. Where the request could not be allowed, the person making the request was informed by a communication indicating the reasons for the refusal. No appealable decision was issued on the matter (see especially OJ 1997, 572 and OJ 2006, 585).

(ii) Rules prior to 1 January 2023

During the COVID-19 pandemic several decisions of the President of the EPO and notices from the EPO concerned oral proceedings by videoconference before the departments of first instance.

According to the decisions of the President of the EPO dated 1 April 2020 and 17 December 2020 (OJ 2020, A39, A134), oral proceedings before examining divisions were to be held by videoconference as a rule and could only be held on the premises of the EPO, either at the request of the applicant or at the instigation of the examining division, if there were serious reasons against holding the oral proceedings by videoconference. If a request to hold oral proceedings on the premises of the EPO was refused, the applicant was informed of the reasons; such a refusal was not separately appealable (see also OJ 2020, A40, A122).

With the entry into force on 4 May 2020 of the decision of the President of the EPO dated 14 April 2020 concerning the pilot project for oral proceedings by videoconference before opposition divisions (OJ 2020, A41), oral proceedings before opposition divisions could be held by videoconference at the discretion of the opposition division and with the agreement of all parties. As of the entry into force on 4 January 2021 of the decision of the President of the EPO dated 10 November 2020 concerning the modification and extension of the pilot project for oral proceedings by videoconference before opposition divisions (OJ 2020, A121), oral proceedings before opposition divisions were held by videoconference as a rule and could only be held on the premises of EPO, either at the request of a party or at the instigation of the opposition division, if there were serious reasons against holding the oral proceedings by videoconference. If a request to hold oral proceedings on the premises of the EPO was refused, the parties were informed of the reasons; such a refusal was not separately appealable (see also OJ 2020, A122).

As of 1 July 2021, oral proceedings before the Receiving Section (OJ 2021, A49) and the Legal Division (OJ 2021, A50) were to be held by videoconference as a rule and could only be held on the premises of the EPO, either at the request of a party or at the instigation of the concerned department, if there were serious reasons against holding the oral proceedings by videoconference. If a request to hold oral proceedings on the premises of the EPO was refused, the parties were informed of the reasons; such a refusal was not separately appealable.

(iii) Current rules

The various decisions of the President of the EPO and notices from the EPO issued during the COVID-19 pandemic were replaced. The decision of the President of the EPO dated 22 November 2022 concerning the format of oral proceedings before examining and opposition divisions, the Legal Division and the Receiving Section and the respective notice from the EPO (OJ 2022, A103, A106) now provide that oral proceedings before examining divisions, opposition divisions, the Legal Division and the Receiving Section are to be held by videoconference. They may be held on the premises of the EPO, either at the request of a party or at the instigation of the concerned department, if there are serious reasons against holding the oral proceedings by videoconference. If a request to hold oral proceedings on the premises of the EPO is refused, the parties will be informed of the reasons; such a refusal is not separately appealable.