7.3.4 Case law concerning oral proceedings held after G 1/21 and prior to the end of pandemic measures at the Boards of Appeal
This section has been updated to reflect case law and legislative changes up to 31 December 2023. For the previous version of this section please refer to the "Case Law of the Boards of Appeal", 10th edition (PDF). |
In T 1041/21 the opposition division had refused the two parties' request for postponement of the oral proceedings scheduled to take place by videoconference. The board found that G 1/21 date: 2021-07-16 had not been limited to boards for any particular reason, for instance because other or stricter criteria had to be applied to oral proceedings before opposition divisions; there had simply been no need for any specific clarification beyond that in the referred case. It therefore saw no reason not to apply the fundamental considerations of G 1/21 date: 2021-07-16 to the case before it too. Nor could it see any reasons to support the view that a videoconference was a less suitable format for holding oral proceedings in opposition than on appeal.