Mandatory VICO OP's Boards as of 1 January

 Key points

• “Accordingly, Boards may summon parties to oral proceedings by videoconference for a date before 1 April 2021 and may convert oral proceedings scheduled to take place on the premises before that date to oral proceedings by videoconference, even without requiring the parties' agreement to this format.” (link, para. 20 of the Notes in the proposal; note the discretion for the Boards)
• “From 1 January 2021 boards may conduct oral proceedings by VICO even without the agreement of the parties concerned,” (link)
• “The user community was invited to comment on the proposal [for new Article 15a RPBA] in an online user consultation from 13 to 27 November 2020. A total of 162 replies were received, 18 from various user groups and associations and 144 from individual respondents (patent attorneys, companies, other interested persons).”  (para. 10 of the proposal)
• The final proposal for new Article 15a RPBA is below and differs from the consultation version.

New Article 15a RPBA : Oral proceedings by videoconference 

(1) The Board may decide to hold oral proceedings pursuant to Article 116 EPC by videoconference if the Board considers it appropriate to do so, either upon request by a party or of its own motion. 

(2) Where oral proceedings are scheduled to be held on the premises of the European Patent Office, a party, representative or accompanying person may, upon request, be allowed to attend by videoconference. 

(3) The Chair in the particular appeal and, with the agreement of that Chair, any other member of the Board in the particular appeal may participate in the oral proceedings by videoconference. (link)