7.3.6 Case law concerning oral proceedings held prior to the COVID-19 pandemic
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). |
Prior to the publication of the communication of 6 May 2020, and prior to the subsequent introduction of Art. 15a RPBA 2020, oral proceedings before the boards of appeal were only held in person.
The boards previously rejected requests for oral proceedings to be held by videoconference, see T 1266/07 (lack of "general framework" on this matter). It would have, among others, been necessary to ensure that the use of videoconferencing was reconciled with the requirement that oral proceedings before the boards be public. See inter alia T 37/08, T 663/10, T 1427/10, T 2425/10, T 1930/12, T 1942/12, T 1081/12, T 2313/12, T 932/16.
In T 2068/14 the board considered that holding oral proceedings by videoconference had not been expressly provided for in the EPC, its implementing regulations or the RPBA, nor had it been excluded. It furthermore held that it had discretion regarding the organisation of oral proceedings, including, holding them by videoconference, considering in particular whether the case in hand was ex parte or inter partes. A further important issue was the availability of suitable rooms for oral proceedings before the board by videoconference. This would typically require that provision also be made for the public (see T 1266/07). See also T 1427/10, T 2468/10, T 928/11, T 1081/12, T 2313/12, T 932/16.