Abstract on EPC2000 Art 116 for the decision T2303/19 of 07.12.2022

In T 2303/19 the parties were summoned to attend oral proceedings at the EPO premises. The appellant (patent proprietor) requested in its letter dated 3 November 2022 that the oral proceedings take place by videoconference (facilitating attendance of the appellant's in-house counsel and reducing the risk of any last-minute travel disruption due to uncertainty surrounding Covid-19 cases). The respondent did not consent to this request and suggested a mixed-mode format. In a communication dated 24 November 2022 the board informed the parties that it had decided to hold the oral proceedings in person. Oral proceedings took place at the EPO premises on 7 December 2022. At the beginning the Chair asked the parties whether they wished to comment on the format of the oral proceedings. The parties said that they did not. The board agreed with the respondent that at the relevant time there were no Covid- 19 related travel restrictions which would impair the parties' possibilities to attend in- person oral proceedings at the EPO premises, and that in-person oral proceedings were at that time the optimum format as expressed in decision G 1/21. The board also considered that the possible attendance of an accompanying person could not determine the format of the oral proceedings.