SONN Patentanwälte – IP Attorneys

COVID-19: Update on oral proceedings and time extensions from the European Patent Office (EPO)

In view of the ongoing Covid-19 pandemic, the EPO issued a further Notice on 16 April 2020 stating that deadlines expiring on or after 15 March 2020 would be extended until 4 May 2020 for all parties and their representatives. The previous Notice, which extended deadlines only until 17 April, is thus largely obsolete. The deadline extension applies not only to deadlines relating to European patent applications but also to international patent applications under the PCT pending before the EPO. The extension also applies to the payment of fees, including renewal fees. Furthermore, it was decided (see here) to postpone until further notice all oral proceedings in examination and opposition proceedings scheduled before 30 April 2020 (previously 17 April 2020), unless they have already been confirmed to take place by means of videoconferencing or are converted into oral proceedings by videoconference with the applicant's consent. Oral proceedings before the Examining Division are now held by videoconference by default (see Decision of 1 April 2020). A pilot project has been launched for conducting oral proceedings in opposition proceedings by video conference. Further details can be found in the decision of the president of the EPO. Oral proceedings will not be held before the Boards of Appeal until 15 May 2020.