SONN Patentanwälte – IP Attorneys

  1. Written announcement of the decision in case of a pending referral to the EPO Board of Appeal

    According to the revised RPBA, the practice of the Board of Appeal not to pre-empt a question pending before the Enlarged Board of Appeal in a parallel case can also be taken into account by not announcing the decision at the end of the oral proceedings, but by indicating a date on which the decision...

  2. Oral proceedings by videoconference without consent of all parties

    During a general emergency (here: COVID-19 pandemic) impairing the parties' possibilities to attend in-person oral proceedings at the EPO premises, the conduct of oral proceedings before the Board of Appeal in the form of a videoconference is compatible with the EPC even if not all of the parties...

  3. Requirement for reimbursement of appeal fees

    According to the wording of R 103 (4) lit c EPC it is not a requirement for reimbursement of appeal fees that any request for oral proceedings is withdrawn within one month of notification of the communication issued by the Board of Appeal in preparation for the oral proceedings. It is...

  4. No hybrid hearing format before the Boards of Appeal

    Participation of an accompanying person in physically conducted oral proceedings by means of video conferencing software installed on the representative's laptop is not allowed. Currently, hearings before the Board of Appeal are not held in a hybrid format where parties participate in the hearing...
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