8.5.2 Written submissions during oral proceedings by videoconference 

Where filed documents require signature, this signature may be applied to the attached document or to the text of the accompanying email. The signature must take the form of a string of characters (such as an email signature with the sender's name and position) or a facsimile signature.

The documents are to be sent to the email address indicated during the videoconference by the competent department.

Any emails and attached documents filed by a party during oral proceedings with more than one party will be forwarded by the division to the other parties present at the proceedings unless the party in question has already sent them direct to the email address indicated by the other parties. Therefore, each party must communicate to the chair and, where possible, to the other parties at the beginning of the oral proceedings the email address it wishes to use for receiving copies of such documents. Parties and representatives must ensure that they can immediately take note of any document sent to the email address indicated by them.

Amended application documents are to be filed as attachments. Attachments containing these amended application documents must be in PDF format and must comply with the WIPO Standard for Filing and Processing in Electronic Form (Annex F of the Administrative Instructions under the PCT). Where an attachment containing these amended application documents is not in PDF format or does not comply with the WIPO Standard or is illegible or incomplete, the party must be promptly informed during the videoconference. Where the deficiencies cannot be remedied during the videoconference or within the time limit set, that document (or that part of the document which is illegible or incomplete) is deemed not to have been received.

Other attachments may be sent in any format which can be opened by the division or (in the case of consultations) the examiner and which can be reproduced in a legible form. Otherwise they are deemed not to have been filed.

If an attachment is infected with a computer virus or contains other malicious software, it will be deemed to be illegible. The EPO is not obliged to receive, open or process any such attachment.

No paper documents need be filed to confirm documents filed by email.

All submissions made by email during a videoconference must be annexed to the minutes unless the exceptions under Rule 144 and the decision of the President of the EPO dated 12 July 2007 concerning documents excluded from file inspection apply (see A‑XI, 2.3 and Special edition No. 3, OJ EPO 2007, J.3). A confidentiality note which is routinely included in emails is not to be regarded as a request to exclude these submissions from the public file.

If the division consents, a party may present its screen for illustrative purposes. An item displayed in that way will not be considered as a document submitted by that party.