c) Oral proceedings

Oral proceedings take place either at the instance of the disciplinary body if it considers this to be expedient or at the request of the party (Art. 13 RDR). In D 9/17, though the appellant had requested oral proceedings in relation to her main request, no such request had been filed with respect to the question raised in the board's communication on whether an appeal was deemed to have been filed (which turned on the question of valid payment of the appeal fee – see under a) above). Considering that the question whether an admissible appeal existed was to be examined by the appeal board ex officio, and the appellant had not availed herself of the opportunity which she had been given to comment on the reasons for the decision, the DBA did not consider oral proceedings to be expedient.

In D 11/19 the DBA refused the appellant's request that a German patent attorney be allowed to accompany him at the oral proceedings. The board observed that proceedings before the DBA were not public (Art. 24(4) REE in conjunction with Art. 20 RDR) and the right to attend oral proceedings was limited (Art. 24(4) REE combined with Art. 14 RDR): only other professional representatives or legal practitioners qualified to act as such in a contracting state were permitted to provide assistance (Art. 17 RDR). Professional representatives are familiar with the EQE and what it tests. They are also subject to a supranational set of rules based on Art. 134a EPC, which, in addition to professional rights and obligations, includes disciplinary supervision. Their legal status is similar to that of legal practitioners qualified in a contracting state. This ensures not only the confidentiality of the proceedings but also an orderly process.