4. Request for oral proceedings
Overview
4. Request for oral proceedings
A party's right to oral proceedings is subject to a clear and unambiguous request for such proceedings (T 352/89,T 663/90, T 1976/08, T 1500/13). The refusal of a request for oral proceedings normally constitutes a violation of the right to present comments. If the request for oral proceedings is ignored, even due to an oversight, the decision must be set aside as null and void (T 19/87, OJ 1988, 268; T 93/88; T 766/90; T 556/95, OJ 1997, 205; T 996/09; T 740/15; J 12/15; T 1951/16).
In T 1050/19 the board admitted a late-filed request for oral proceedings on the basis that it was an exercise of the right to be heard rather than an amendment to the appeal case within the meaning of Art. 13(1) RPBA 2020.
- T 2024/21
Catchword:
Examining division's continual refusal to appoint oral proceedings rendered the appellant's request for oral proceedings futile. Withdrawal of the request for oral proceedings under these circumstances does not absolve the examining division from its duty to hold oral proceedings (Reasons 1.5).
- T 245/19
Catchword:
Oral proceedings may be dispensed with if a party has given notice of non-appearance, even if the request for oral proceedings is expressly maintained (see point 1 of the reasons).
- J 6/22
Catchword:
1. The requirement for immediate and complete substantiation of a request for re-establishment corresponds to the principle of "Eventualmaxime/Häufungsgrundsatz/le principe de la concentration des moyens", according to which the request must state all grounds for re-establishment and means of evidence without the possibility of submitting these at a later stage. 2. Dynamic interpretation of the EPC, as derived from Articles 31(1) and 31(3) Vienna Convention on the Law of Treaties, must take account of developments in national and international procedural law, notably as regards the guarantees of fair trial before a tribunal of law (Article 6(1) ECHR). 3. There is no "absolute" right to oral proceedings upon a party's request, but it is subject to inherent restrictions by the EPC, and due to procedural principles generally recognised in the Contracting States of the EPO. 4. If oral proceedings do not serve any legitimate purpose, the requirement of legal certainty in due time prevents the Board from appointing them. 5. It is not the purpose of oral proceedings in the context of proceedings for re-establishment to give the appellant a further chance to substantiate their factual assertions or to provide evidence despite the absence of factual assertions in the request for re-establishment.
- 2023 compilation “Abstracts of decisions”