5. Non-attendance at oral proceedings

The absence of parties from oral proceedings is in general governed by R. 115(2) EPC and – for the boards of appeal – by Art. 15(3) and (6) RPBA 2020. Concerning non-attendance at oral proceedings before the examining division, see also the notice from the EPO, OJ 2020, A124.

According to Art. 15(3) RPBA 2020, the board is not obliged to delay any step in the proceedings, including its decision, by reason only of the absence at the oral proceedings of a party duly summoned who may then be treated as relying only on its written case (see also Art. 15(3) RPBA 2007, which has essentially the same wording as Art. 15(3) RPBA 2020). The board may therefore, in accordance with Art. 15(6) RPBA 2020, ensure that the case is ready for decision at the conclusion of the oral proceedings, unless there are special reasons to the contrary.