3.1. Relevance of the evidence
3.1.7 Example procedure for hearing a witness
Decision T 401/12 of 8 November 2017 date: 2017-11-08, in which the taking of evidence requested by both parties was considered necessary, is an example of an interlocutory decision ordering that evidence be taken by hearing witnesses at a future date (R. 117 EPC) and dealing with the associated costs (R. 122(1) EPC) and the language issue (R. 4(3) EPC). The witnesses were given permission to bring any relevant documents. See also, in case T 738/04, the decision of 22 August 2008 ordering the hearing of a witness under R. 117 EPC at the oral proceedings on 11 December 2008, at the end of which the final decision was taken. T 660/16 addresses the issue regarding the nature of a decision – in this case, before the opposition division – ordering the hearing of a witness (case-management measure), and the deposit of an advance payment.
- 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”