T 1158/20 vom 22.11.2022

Oral proceedings - before board of appeal
Oral proceedings - format by videoconference
Basis of decision - text submitted or agreed by patent proprietor (yes)
Amendments - allowable (no)
Amendments - broadening of claim (yes)
Novelty - auxiliary request (yes)

1. Pursuant to Article 15a(1) RPBA 2021 the boards have a discretionary power to hold oral proceedings by videoconference without the consent of all parties. When exercising this discretion, the board must primarily assess whether the case is suitable to be dealt with by videoconference and/or whether there are reasons that require holding oral proceedings in person. Such reasons may be seen in the complexity of the case or a need to inspect models.
2. Holding oral proceedings by videoconference can meanwhile be often considered an equivalent alternative to oral proceedings in person because the boards and the parties have gained such extensive experience with videoconferencing and using the tools involved since G1/21. Holding oral proceedings by videoconference is hence no longer that disadvantageous as it was when the decision G1/21 was issued.