3. Taking of evidence
Overview
3. Taking of evidence
Mirroring the holding of oral proceedings by videoconference, R. 117 and 118 EPC were amended with effect from 1 January 2021 to allow for means of taking evidence by videoconference (see OJ 2020, A132).
Art. 117 EPC entitled "Means and taking of evidence" is applicable before all EPO departments, including the Receiving Section, examining divisions, opposition divisions, the Legal Division and the boards of appeal.
- T 423/22
Catchword:
Hearing a witness in first instance proceedings by videoconference allowed sufficient interaction between the deciding body, the parties and the witness. Albeit a part of the witness' body language was not visible to the participants, this did not amount to an infringement of the parties' right to be heard since the judgement on the witness' credibility was mainly based on the conclusiveness of his/her testimony and the absence of contradictions within the witness' own testimony, between the testimonies of several witnesses and/or contradictions between the witness' testimony and information derivable from supporting documents (reasons, point 2).
- 2023 compilation “Abstracts of decisions”