T 2068/14 - Video conference oral proceedings

EPO T 2068/14

For the decision, click here. [B] - 10.11.2015

Headnote

Although the board is prepared, in principle, to consider in exceptional circumstances the holding of ex parte oral proceedings by video conference, for the reasons set out in point 1.2.5 the conditions are not met in the present case.

Moreover a party's right to be heard under Article 113(1) EPC does not imply a separate right of the party's representative to be heard and therefore does not imply a right to have oral proceedings before the EPO held by video conference (see point 1.3.18).

Key points

• The first sentence of the headnote seems to indicate that oral proceedings by video conference are not impossible already because of practical reasons.
• The second reason seems to assume a right to have oral proceedings before the EPO held by video conference could exist. 
• The Board indicates that in exceptional cases, an applicant may be able to convince the Board that "  that conventional oral proceedings are not appropriate to properly present the appellant's case and that the board should exercise its discretion to, exceptionally, explore the possibility of holding oral proceedings by video conference." 
• Of course, in case a Board "should exercise its discretion" , this is no longer a true discretion. Hence, this seems to imply a right to oral proceeding by video conference in exceptional cases.

For the decision, click here.