Notice of the European Patent Office dated 7 April 2025 concerning the preparation of the minutes of oral proceedings held by videoconference with the assistance of artificial intelligence
This text is intended for publication in the Official Journal (OJ) of the EPO. It is made available in advance on the EPO website merely as a courtesy to the public. Only the text subsequently published in the officially certified PDF file of the OJ is authentic. It cannot be guaranteed that this advance version accurately replicates that text.
In May 2025, the EPO will start a pilot for the drawing up of the minutes of oral proceedings held by videoconference (hereinafter "oral proceedings") before examining and opposition divisions with the assistance of artificial intelligence (AI). Following a human-centric approach to using AI, the goal is to further improve the quality of the minutes of oral proceedings and to provide them more efficiently. Over time, and following a review of the pilot, the EPO will gradually extend this practice to cover all oral proceedings before examining and opposition divisions as well as those before the Receiving Section and the Legal Division.
1. Preparation of the minutes of oral proceedings with the assistance of AI
The EPO uses AI and machine learning technologies with the aim of increasing quality and efficiency in the patent grant process. To date, these technologies have been applied predominantly in the areas of classification, search, and machine translation. To take advantage of the continuous technological developments in the field of AI, the EPO intends to expand its use to other areas of the patent grant process. From May 2025, the EPO will make use of AI technology to assist examiners in drawing up the minutes of oral proceedings.
Under the EPC, the minutes of oral proceedings are written minutes prepared by the competent division. Pursuant to Rule 124(1) EPC, the division will continue to draw up the minutes containing the essentials of the oral proceedings and the relevant statements made by the parties. The second member and the chair will also continue to authenticate the minutes either by way of their signature, or by any other appropriate means (Rule 124(3) EPC). The format of the minutes of oral proceedings will thus remain the same. Under the EPO's human-centric approach to using AI technology, the responsibility for the content of the minutes will remain entirely with the competent division.
2. Audio recording of oral proceedings
To enable examiners to make full use of the capabilities of AI tools when drafting minutes, the EPO will audio record oral proceedings in their entirety. The division will then use the transcriptions of these recordings to draw up the minutes of oral proceedings with the assistance of AI technology.
In accordance with the established practice, the recording of oral proceedings held by videoconference or on EPO premises, whether audio or video or both, by participants of oral proceedings other than EPO employees remains prohibited. The same applies to any form of re-transmittal of the oral proceedings. The competent division will inform participants of oral proceedings about the recording ahead of the oral proceedings.
The recording and its transcription are preparatory documents within the meaning of Rule 144(b) EPC. They serve the purpose of enabling the competent division to draw up the minutes of the oral proceedings with the use of AI. Therefore, neither the audio recording itself nor its transcription will be included in the file of the application or patent concerned. For this reason, they will also not be made available to the parties to proceedings. The recording and its transcription will be deleted once the minutes of oral proceedings are issued to the parties to proceedings.
The competent division will continue treating requests for correction of the minutes of oral proceedings in accordance with established practice and case law.[1]
3. Scope of the pilot
The pilot will start with oral proceedings before selected examining and opposition divisions scheduled to take place in May 2025. It is planned to run until the end of 2025. Upon completion of the pilot, and following a review of its operation, the practice will be gradually applied in all oral proceedings before examining and opposition divisions as well as in oral proceedings before the Receiving Section and the Legal Division.
[1] See Guidelines for Examination in the European Patent Office E-III, 10.4.