Decision in case G 1/21

Laura Fè

The Enlarged Board of Appeal of the European Patent Office issued the order of its decision in case G 1/21 and ruled that oral proceedings before the Boards of Appeal can, during a period of general emergency impairing the parties’ possibilities to attend in-person oral proceedings at the EPO premises, be held by videoconference even without the consent of the parties.
Interestingly, the Enlarged Board did not address the question whether oral proceedings by videoconference may be held without the consent of the parties in the absence of a period of general emergency.
Likewise, the order does not consider whether oral proceedings by videoconference may be held without the consent of the parties in examination or opposition proceedings before the EPO’s departments of first instance.
We will have to wait for the reasoned decision to see whether these issues might be implicitly addressed at least to some extent. It will also be interesting to learn why the Enlarged Board of Appeal limited their ruling with respect to the original referred question.
However, common sense seems to have prevailed. Hopefully, users will retain their long standing right to attend an EPO oral proceedings in-person.
Meet the author

About Laura Fè
Related insights
Featured insight

The power of strategic partnerships in AI: Key IP considerations
- Read article
Patent Box relief passes £2 billion as take-up continues to grow
- Read article
Carry-over auxiliary requests in EPO appeals: Why early procedural planning can protect commercial value
- Read article
Filed, published & granted patents: What’s the difference?
- Read article
What are trade secrets & how can they be protected?
- Read article
Right-sizing your patent portfolio: Maximising value through strategic portfolio management

Murgitroyd is a leading intellectual property firm supporting innovative businesses across a wide range of sectors. From patents and trade marks to designs, copyright, and IP strategy, their expertise extends beyond legal protection to helping organisations maximise the value of their ideas. Working across industries such as life sciences, engineering, technology, and creative sectors, Murgitroyd combines technical insight with commercial understanding to deliver tailored, forward-thinking solutions.




















