Article 116 – Oral proceedings - The European Patent Convention, Convention on the Grant of European Patents – (European Patent Convention), Part VII – Common provisions, Chapter I – Common provisions governing procedure
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Oral proceedings shall take place either at the instance of the European Patent Office if it considers this to be expedient or at the request of any party to the proceedings. However, the European Patent Office may reject a request for further oral proceedings before the same department where the parties and the subject of the proceedings are the same.
Nevertheless, oral proceedings shall take place before the Receiving Section at the request of the applicant only where the Receiving Section considers this to be expedient or where it intends to refuse the European patent application.
Oral proceedings before the Receiving Section, the Examining Divisions and the Legal Division shall not be public.
Oral proceedings, including delivery of the decision, shall be public, as regards the Boards of Appeal and the Enlarged Board of Appeal, after publication of the European patent application, and also before the Opposition Divisions, in so far as the department before which the proceedings are taking place does not decide otherwise in cases where admission of the public could have serious and unjustified disadvantages, in particular for a party to the proceedings.
See the information from the EPO concerning interviews and oral proceedings to be held as a video-conference (OJ EPO 2012, 354). See the notices of the Vice-President DG 3 (Special edition No. 3 OJ EPO 2007, H.1, H.2 and H.3; OJ EPO 2014, A21).