8.11 Closure of oral proceedings 

Once the competent department considers that the matter has been discussed sufficiently thoroughly, it must decide on the subsequent procedure to be followed. Where the department consists of several members – as is the case with the examining or opposition divisions – they must, if necessary, deliberate on the matter in the absence of the parties. Where oral proceedings are held by videoconference and the members connect from different locations (see E‑III, 8.2.2), they will deliberate and vote among themselves via a separate communication channel. If new aspects emerge during the discussion that require asking the parties more questions, the proceedings may be restarted. Any person conducting the proceedings may then give the department's decision. Otherwise they inform the party or parties of the subsequent procedure and then close the oral proceedings.

While the department is bound by its decision on substantive matters (see E‑III, 9), it is free, after further reflection, to inform the parties that it intends to follow a different procedure from the one previously announced.

The subsequent procedure may be, for example, that the department issues a further communication, imposes certain requirements on one of the parties or informs the parties that it intends to grant or maintain the patent in an amended form. On delivering a decision in the last-mentioned case, see E‑III, 9.

If the patent is to be granted or maintained in an amended form, the final text should be agreed on at the oral proceedings. If, however, by way of exception the examining or opposition division indicates during the oral proceedings that it would be willing to grant or maintain a European patent if certain amendments are made which could not reasonably have been foreseen from the earlier proceedings, the applicant or patent proprietor will be given a time limit of normally two to four months to submit the amendments. If the applicant or patent proprietor fails to do so, the application will be refused or the patent will be revoked.