Heidelberg Masterclass EPO Oral Proceedings

Key issues relating to oral proceedings

• Oral proceedings and the right to be heard
• Requests for oral proceedings; requests for adjournment of oral proceedings
• Public: Which oral hearings are public/non-public?
• Oral proceedings in the form of video-conferences in first instance and before the Boards of Appeal
• Costs and their apportionment

Oral Proceedings before the EPO - First instance vs. Boards of Appeal

• The different stages of oral proceedings
• Preparation of oral proceedings
• Summons to oral proceedings and annex to the summons - importance of the annex
• Is it possible to avoid oral proceedings in examination proceedings?
• The oral proceedings as such
  • Absence of a party, the consequences
  • Opening of oral proceedings
  • Order of the discussion of the various topics
  • Final stage in oral proceedings
• Written and oral submissions: how they relate to each other
• Procedural pitfalls easily avoidable
  • Authorisations; accompanying persons

Late submissions in 1st instance, especially in opposition proceedings

• General considerations
• When is a submission of an opponent late?
  • What about the case of multiple opponents
• When is a submission of the patent owner late?
• When is a late filing legitimate?

Dos and don’ts in oral proceedings

Specific aspects of Oral Proceedings before the Boards

• Reminder of the Rules of Procedure of the Boards of Appeal
  • Late filed documents, requests and arguments
• Minutes of oral proceedings
• Various forms of written decisions
• Remittal to the first instance
• Binding effect of the decisions of the Boards of Appeal
• Withdrawal of the appeal
• Quoting case law: what does it bring?
• Petitions for Review

MOCK TRIAL

• Participants will work through some real-life situations and scenarios
• Interactive, role play
• With specially prepared cases from EPO practice
• Under the guidance of the speakers
• Focus: accompanying persons, late filings
• Training confident behaviour before the Boards
• Practical tips on presentation