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EPO President weighs in on legality of Oral Proceedings by videconference

Ahead of the upcoming EPO Enlarged Board of Appeal hearing over pending referral G1/21, which concerns the question of whether party consent is required for oral proceedings to be held by videoconference, over 40 amicus briefs have been filed by interested parties. These include UK, French and German law firms, professional bodies such as epi, IPO, CIPA and EPLIT, and major multinational corporations such as BASF, Phillips and Siemens.

The EPO President has also submitted observations, ultimately concluding that oral proceedings held by videoconference are compatible with the right to oral proceedings. He further states that the decision as to the form in which oral proceedings are held lies with the competent department, and is not dependent on the consent of a party.

The hearing for G1/21 will take place 28 May 2021 and will be by videoconference.

Further information can be found here:

The amicus briefs can be viewed here:

The EPO President’s submissions can be found here: