The videoconference will automatically start when the party connects to the EPO's system. If the videoconference does not start at the arranged time, the department contacts the representative or their office by telephone. If the representative cannot be contacted, or if the connection is not established for technical reasons, the videoconference is terminated and a new summons to oral proceedings is issued.[OJ 2020, A134; Art. 4; ]
Where technical problems occur such that the oral proceedings held by videoconference cannot be conducted openly and fairly, for example due to a total or partial breakdown in communication, the right to be heard might possibly be violated (Art. 113(1)). The parties, due to the technical problems, might be taken by surprise by the grounds mentioned in an adverse decision on which they have not had an opportunity to comment. In such cases, the videoconference is terminated and new summons to oral proceedings are issued. The EPO will not attempt to re-establish the line in case of technical problems, but the applicant may be contacted by phone and asked to do so.
As a rule, new oral proceedings will be held by videoconference unless there are serious reasons for not doing so (OJ 2020, A122, point 22).
Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/e_iii_11_3.htm
Date retrieved: 17 May 2021