Following the oral proceedings that took place two weeks’ ago, the EPO’s Enlarged Board of Appeal has today (16 July 2021) given its answer to the referred question in case G1/21 – whether oral proceedings can be held by video conference without the consent of the parties.
Insights: EPO Boards of Appeal
Oral proceedings in case G1/21 took place today (2 July 2021) for the second time in case, after proceedings were adjourned at the first oral proceedings that took place last month. While we don’t know what the outcome of the oral proceedings will be, the proceedings were at least properly concluded and we can expect the written decision in due course.
In their recent decision (T1839/18), the boards of appeal re-affirmed the legality of straw man oppositions. Although this in itself is not news, we felt it offered a good opportunity to look again at the many advantages of anonymously opposing a European patent.
Revisions to the Rules of Procedure of the Boards of Appeal (RPBA) came into force on 1st January 2020. The EPO’s stated aims are to increase efficiency, predictability for the parties concerned and harmonisation in the way appeals are handled by the Boards of Appeal. Additionally, the revised RPBA introduce changes to the way cases are managed to allow the Boards of Appeal to organise their resources appropriately.