5. Preparation of oral proceedings 

The purpose of oral proceedings is to settle as far as possible all outstanding questions relevant to the decision. Oral proceedings must therefore be carefully prepared after examination of all the written submissions, and the most appropriate date for holding them is to be chosen with this aim in mind.

When preparing oral proceedings, particularly in opposition, the division considers carefully whether complex legal issues are likely to arise and, if so, it may decide to enlarge the division by adding a legally qualified member (Art. 18(2) and Art. 19(2)).

Where the EPO considers that certain questions relevant to the decision require discussion, it will often make sense for it to inform the party or parties in a communication and possibly also to invite one or more of them to submit written observations and, where appropriate, submit evidence. Parties may also produce evidence in support of their arguments on their own initiative. Where, however, the evidence should have been put forward at an earlier stage, e.g. as described in D‑IV, 1.2.2.1(v) and D-IV, 5.4 in relation to opposition proceedings, it is for the competent body to consider whether to admit the evidence not filed in due time (see E‑VI, 2). Any observations should be received in time for them to be communicated to the other parties by one month before the oral proceedings at the latest. The time limit for submitting observations is fixed accordingly, particularly where the invitation to submit them is issued at the same time as the summons to oral proceedings.