20 November 2020

T 0492/18 - No hybrid vico appeal oral proceedings yet

 Key points

  • "[The opponents] further request participation at the oral proceedings of a member of the opponent's patent department by means of the video messaging tool "Skype", at least periodically, where the video connection would be provided through the computer of the professional representative being present in the oral proceedings."
  • The Board refuses the request. 
  • "The possibility of holding oral proceedings by VICO is predicated on the Boards' ability to offer the necessary technical facilities. In the opinion of the Board, these technical facilities must be under the continued control and supervision of the Board. To the extent it is technically feasible, the Board must be in the position to control who is participating in the oral proceedings, and to establish that all participants can be seen and heard properly by all persons attending, while also ensuring that it is clear to all who is attending the oral proceedings. These conditions are seen as necessary for the oral proceedings held by VICO to be perceived as equivalent to usual oral proceedings held at the premises of the office with the parties being physically present. Additionally, at the time of deciding, the technical facilities of the Boards of Appeal are primarily geared towards all parties participating remotely."
    • The Boards are working hard to introduce 'hybrid' oral proceedings where some participants attend the oral proceedings in person and others attend through video. It is proposed that the Chair may even order that a party or representative must use video conferencing (i.e. is prohibited from showing up in person, it seems); see proposed Article 15a(2) RPBA. 
    • Comments can be submitted until 27 November, see here.
  • Parties and representatives are of course prohibited from live streaming oral proceedings using their laptop since sound recording is prohibited (link); I think streaming comprises recording and transmission. The reasons for the prohibition are frankly not clear to me.
EPO T 0492/18 - link

decision text omitted.

No comments:

Post a Comment

Do not use hyperlinks in comment text or user name. Comments are welcome, even though they are strictly moderated (no politics). Moderation can take some time.