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EBA reference on oral proceedings by ViCo

Due to the COVID pandemic the EPO has been conducting oral hearings by video-conference. Initially, this could only be done by agreement between the parties. On 15 December 2020, the EPO announced plans for the Boards of Appeal to conduct oral proceedings by video-conference without the parties’ agreement, and these plans were implemented from 1 January 2021. 

As reported in IPKat, a reference to the Enlarged Board of Appeal has been made in appeal case T1807/15 (during oral proceedings held on 8 February 2021) as to whether it was legal to hold such oral proceedings by video-conference without the consent of the parties.

News has reached IPKat that a Board of Appeal has referred to the Enlarged Board of Appeal (EBA) the question of whether mandatory appeal hearings via video conference are legal.

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covid