8.1.1 Speaking time during oral proceedings and interruptions by the board

In T 601/05 of 2 December 2009 date: 2009-12-02, in the evening of the second day of the oral proceedings, the board had limited the speaking time to ten minutes for each party for a "final round" of discussion with respect to a particular argument. In the board's view, the limitation of time was a necessary procedural measure by which the right to be heard pursuant to Art. 113(1) and 116 EPC had not been violated. On the one hand, it was the attorneys' responsibility to structure their pleadings in such a way that the time frame of the oral proceedings, which had been communicated to the parties with the summons and had not been objected by them, can be complied with. On the other hand, it was the board's responsibility to conduct oral proceedings in such a way that the time frame was kept to and to ensure that the case was ready for decision at the end of the oral proceedings. It followed from Art. 15(4) and (6) RPBA 2007 that the structuring of the oral proceedings was within the discretion of the board.

In T 792/12 the board held that a Chair may interject in a party's submissions to ensure that the proceedings are efficiently conducted, in particular to avoid a party repeating arguments. Any member of the board may interrupt to ask questions which are considered important for reaching a decision.