I think it’s safe to say that when it comes to conducting oral proceedings at the EPO, videoconferencing is here to stay. However, despite some initial misgivings, are EPO ViCo proceedings actually a good thing for clients?
During the global pandemic the move to video was inevitable.
It not only allowed us to circumvent the obvious travel restrictions, it also arguably improved the timeliness and efficiency with which oral proceedings in examination, opposition and appeal could be dealt with, albeit remotely.
As things slowly start to open up, it appears that attorneys want to retain the ability to attend hearings virtually. This is a view supported by the EPO’s recent Progress Report. It claims ViCo offers a range of tangible benefits including increase efficiency, accessibility, and inclusivity while reducing costs and the impact constant travel has on the environment.
The Chartered Institute of Patent Attorneys (CIPA) has responded to the report by putting forward the case for the urgent adoption of ViCo as they feel the technology has been proven to be fit for purpose and that ViCo promotes fairness, the right to be heard, and the right of access.
They did add however that they “strongly oppose” hybrid proceedings; in CIPA’s view mixing in person and ViCo attendance is “inherently unbalanced”.
Why are EPO ViCo proceedings a good thing for clients?
In our view the main benefits of ViCo to the client are:
1. Lower cost
Obviously meeting virtually takes out the usual travel costs and disbursements which immediately represents a significant saving for the client.
There is also the question of the video conferencing platform the EPO uses. All oral proceeding can be held by Zoom, which can be downloaded for free via Windows, Mac, iOS, and Android meaning even accessing the required technology carries no additional cost.
2. Greater accessibility
Anyone can access Zoom and there are almost no restrictions on the number of people who can join a virtual proceedings. So as many people as need to can join from both the client side and from the attorney’s team, regardless of location.
Better still as everyone involved can easily attend, conversations can take place during the hearing. This allows the applicant and their attorney/s to discuss and agree and changes to their strategy as required. This is made even easier by the technology.
This is particularly advantageous for opposition oral proceedings – during breaks in the oral proceedings, the team can gather in their own virtual meeting room and can use it to stay in constant contact during the proceedings itself, exchanging messages confidentially using the chat function.
There is also a greater flexibility in terms of start-times. There have been a number of cases where the EPO has agreed to move the start-time to accommodate participants in different time-zones, most notably in the US.
3. Lower carbon footprint
Along with the reduction in travel costs, with less travel involved ViCo hearings will also have appositive impact on the environment with fewer people flying to Munich and The Hague.
4. Better attorney performance
As the hearings are conducted at the attorney’s desk (or at from the video conferencing room at their offices), they will be more comfortable, better rested, and raring to go having been able to side-step the energy sapping irritations of travelling.
As they are operating from the office, they also have all the necessary files to hand. Moreover, they can easily request anything that might be missing without having to worry about when or how that information would arrive if it had to be requested from an office in another country.
5. They are open to public
This means you can attend your competitors’ oppositions and find out more about their patents, their activities, and their plans. Although admittedly, they will be able to do the same!
Two IP’s patent attorneys have enormous experience of successfully representing clients at oral proceedings at the EPO, both in person and via ViCo. If you’d like to find out more, please email us.
