Following on from the G1/21 hearing on 2 July regarding legality of videoconference proceedings without party consent, the Enlarged Board of Appeal (EBA) has decided as follows:
During a general emergency impairing the parties' possibilities to attend in-person oral proceedings at the EPO premises, the conduct of oral proceedings before the boards of appeal in the form of a videoconference is compatible with the EPC even if not all of the parties to the proceedings have given their consent to the conduct of oral proceedings in the form of a videoconference.
The EBA did not address whether party consent is required after a period of general emergency. Nor did they address whether party consent is required for first instance proceedings (examination or opposition) by videoconference.
The EPO announcement of the G1/21 outcome can be found here
The Board of Appeal press release on G1/21 can be found here
All documents in relation to G1/21 and its underlying case can be found here
