6. Summons to oral proceedings 

All parties must be duly summoned to oral proceedings by notification. The summons must state the subject, the date and time and the form of the oral proceedings.

The division schedules a single date for the oral proceedings, i.e. one day or, in special cases, more than one consecutive day. It does not discuss the date with parties beforehand. Oral proceedings may be scheduled for any working day on which the EPO is open at the site in question.

The summons will be accompanied by a communication drawing attention to the points which need to be discussed, and normally containing the division's provisional and non-binding opinion. New documents may be cited in the communication accompanying the summons (T 120/12), together with an explanation of their significance. However, examiners must carefully consider on a case-by-case basis whether citing a new document would introduce a new line of argument. If a new document needs to be cited and the proceedings are still at an early stage, they must consider sending a further communication before issuing any summons. For the additional requirements applying to the accompanying communication if the summons is issued as the first action in examination, see C‑III, 5. The summons and the accompanying communication can only be appealed together with the final decision unless a separate appeal is allowed (see E‑X, 3E‑IX, 3).

The summons will also fix a date up to which written submissions or amendments which meet the requirements of the EPC may be filed (see also D‑VI, 3.2).

Rule 115(1) stipulates that at least two months' notice of the summons must be given unless the parties agree to a shorter period. Such agreement must be included in the public part of the file.

Harmonised with the standards applied in the written procedure (E‑VIII, 1.2), the practice outlined below is to be followed in setting the date of the oral proceedings, in order to give the parties enough time to prepare and file their submissions:

(i)Any time limit (even one shorter than two months) may be set if the parties have agreed to it in advance. 

(ii)Normally, the summons to oral proceedings is issued at least four months ahead of the scheduled date in examination and at least six months ahead of the scheduled date in opposition. 

(iii)A summons giving between two and four months' notice can be issued without the parties' advance agreement only in specific circumstances, since it leaves the parties very little time for filing submissions before the date fixed in the summons. Examples of such circumstances are where, in examination, the summons follows an extensive exchange between the first examiner and the applicant, where oral proceedings have been adjourned due to a lack of time or where the oral proceedings are rescheduled for a later date (see also E‑III, 7.1.3).

(iv)Where the summons is issued as the first action in examination, there should be six months between the dispatch of the summons and the date of the oral proceedings (see C‑III, 5).

The summons must state that if parties duly summoned do not appear or, in the case of oral proceedings by videoconference, fail to connect, the proceedings may continue without them.

Where multiple oppositions have been filed in opposition proceedings, as a rule a single hearing in oral proceedings is scheduled, even if the oppositions are based on different grounds (see D‑I, 6). This means that all the parties must be summoned to attend them and may comment on all grounds raised.