Decision of the President of the European Patent Office 24 April 2023 concerning the format of oral proceedings before the Unitary Patent Protection Division
The President of the European Patent Office,
having regard to Rules 3 and 21 of the Rules relating to Unitary Patent Protection (UPR) and Article 10(2)(a) of the European Patent Convention (EPC),
considering that oral proceedings by videoconference are oral proceedings within the meaning of Rule 21 UPR,
has decided as follows:
Article 1
Format of oral proceedings before the Unitary Patent Protection Division
(1) Oral proceedings before the Unitary Patent Protection Division are to be held by videoconference.
(2) Notwithstanding paragraph 1, oral proceedings may be held on the premises of the European Patent Office, either at the request of a party or at the instigation of the Unitary Patent Protection Division if there are serious reasons against holding the oral proceedings by videoconference. If a request to hold oral proceedings on the premises of the European Patent Office is refused, the parties will be informed of the reasons; such a refusal is not separately appealable.
Article 2
Participation in oral proceedings by videoconference; venue
(1) The parties, their representatives and any persons accompanying the parties or representatives as well as any witnesses and experts, may connect to the oral proceedings by videoconference from different locations.
(2) The venue of the oral proceedings by videoconference is deemed to be the location where the Unitary Patent Protection Division is set up.
Article 3
Submissions and their transmission during oral proceedings by videoconference
(1) During oral proceedings by videoconference, documents are to be filed by means of electronic communication in accordance with the decision of the President of the European Patent Office dated 13 May 2020 concerning the filing of documents during telephone consultations and during interviews and oral proceedings held by videoconference (OJ EPO 2020, A71). Documents must be sent to the email address indicated by the Unitary Patent Protection Division.
(2) Where there is more than one party to the proceedings, documents submitted by one of the parties in accordance with paragraph 1 will be transmitted to the other parties present during the oral proceedings by email to the email address specified by each of those parties.
Article 4
Technical problems
If technical problems preventing the oral proceedings by videoconference from being conducted in accordance with a party's rights under Rule 20(1) UPR in conjunction with Article 113 EPC and Rule 21 UPR cannot be overcome during the videoconference, the Unitary Patent Protection Division will issue a new summons to oral proceedings.
Article 5
Non-attendance at oral proceedings by videoconference
(1) If a party fails to connect to the oral proceedings by videoconference for reasons other than technical problems, the proceedings may continue in accordance with Rule 20(2)(e) UPR in conjunction with Rule 115(2) EPC.
(2) A party, witness or expert who is duly summoned to give evidence before the European Patent Office and fails to connect to the oral proceedings by videoconference as instructed will be deemed not to have appeared.
Article 6
Supplementary provisions
The notice from the European Patent Office dated 22 November 2022 concerning oral proceedings by videoconference before examining and opposition divisions, the Legal Division and the Receiving Section, as well as consultations by videoconference before examining divisions (OJ EPO 2022, A106) shall apply mutatis mutandis to oral proceedings before the Unitary Patent Protection Division.
Article 7
Entry into force
This decision will enter into force on the date of entry into force of the Rules relating to Unitary Patent Protection.
Done at Munich, 24 April 2023
António CAMPINOS
President