8.5.2
Written submissions during oral proceedings by videoconference 

Where oral proceedings are held as a videoconference, documents filed subsequently as referred to in Rule 50 must be filed by email (OJ EPO 2020, A71, Art. 1(1)). This also applies to authorisations.

Where filed documents require signature, this signature may be applied to the attached document or to the text of the accompanying email. The signature must take the form of a string of characters (such as an email signature with the sender's name and position) or a facsimile signature. The string of characters which is selected by the signatories to provide evidence of their identity and of their intent to authenticate the message in question must clearly indicate the person's name and position. A facsimile signature must be the facsimile reproduction of the person's signature.

OJ 2020, A71, Art. 2

The documents are to be sent to the email address indicated during the videoconference by the competent department.

OJ 2020, A71, Art. 3

Amended application documents are to be filed as attachments. Attachments containing these amended application documents must be in PDF format and must comply with the WIPO Standard for Filing and Processing in Electronic Form (Annex F). Where an attachment containing these amended application documents is not in PDF format or does not comply with the WIPO Standard or is illegible or incomplete, the party must be promptly informed during the videoconference. Where the deficiencies cannot be remedied during the videoconference or within the time limit set, that document (or that part of the document which is illegible or incomplete) is deemed not to have been received.

OJ 2020, A71, Art. 4

Other attachments may be sent in any format which can be opened by the division or (in the case of consultations) the examiner and which can be reproduced in a legible form. Otherwise they are deemed not to have been filed.

If an attachment is infected with a computer virus or contains other malicious software, it will be deemed to be illegible. The EPO is not obliged to receive, open or process any such attachment.

No paper documents need be filed to confirm documents filed by email.

OJ 2020, A71, Art. 5

All submissions made by email during a videoconference must be annexed to the minutes unless the exceptions under Rule 144 and the decision of the President of the EPO dated 12 July 2007 concerning documents excluded from file inspection apply (see A‑XI, 2.3 A‑XI, 2.1 and Special edition No. 3, OJ EPO 2007, J.3). A confidentiality note which is routinely included in emails is not to be regarded as a request to exclude these submissions from the public file.

OJ 2020, A71, Art. 6

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