Key points
- epi has submitted observations dated 22 April 2025 in case R 16/23 - limits on the right to oral proceedings following from J 6/22. This was also announced in an edition of the epi newsletter.
- The letter can be found here on the epi website (also here: https://patentepi.org/en/epi-papers/position-papers/#/european-patent-practice-committee-(eppc)) and also in the online file of the patent application at issue:
- epi writes: "headnotes 3 and 4 [of J 6/22] put in doubt the rights of parties regarding oral proceedings as the decision appears to conclude that it is not necessary to appoint oral proceedings when they have been requested by a party but that they are dispensable with following certain conduct by the requesting party. We find this worrying at best and violating fundamental legal principles defined in both the EPC as well as the major national jurisdictions of the EPC member states." ...
- "In view of the potentially far-reaching consequences of the outcome of the present review proceedings, we encourage you to ask for amicus curiae submissions by the interested circles so that you are in a position to indicate that, in this respect, the decision on J6/22 should not be followed."
- Oral proceedings in case R 16/23 are scheduled for 21 November 2025, by videoconference, and are public.
- "Members of the public can follow oral proceedings held by VICO remotely by sending an email in advance to reception-haar@epo.org."
EPO
The link to the file wrapper can be found after the jump.
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