CLR III C 3.2 Obligation to attend oral proceedings taking place at the instance of the EPO

In T 1500/10 the board held that, if oral proceedings take place at the instance of the EPO because it considers this to be expedient, the party has an obligation to attend the oral proceedings. Parties do not have the right to decide in which way the proceedings as a whole are to be conducted. There is no right to a solely written procedure.

CLR III C 3.1 Expediency of oral proceedings

CLR III C 3 Oral proceedings at the instance of the EPO

Oral proceedings may take place even if they were not requested, as according to Art. 116(1) EPC oral proceedings shall take place at the instance of the EPO if it considers this to be expedient.

CLR III C 2.2 Right to oral proceedings before the Receiving Section

CLR III C 2.1.3 No right to telephone conversation

According to the established case law, the EPC foresees the absolute right to oral proceedings under Art. 116(1) EPC, but not the right to a telephone interview or an informal telephone consultation. This applies to the procedure before the examining division (see chapter IV.B.2.9. "Informal communications"), as well as to the proceedings before the boards of appeal (see decisions cited below).

CLR III C 2.1.2 Right to oral proceedings even if no new arguments are presented

CLR III C 2.1.1 Right to oral proceedings even after a Rule 71(3) EPC communication

CLR III C 2.1 Right to oral proceedings in examination, opposition and appeal proceedings

CLR III C 2 Right to oral proceedings

2.1. Right to oral proceedings in examination, opposition and appeal proceedings

2.2. Right to oral proceedings before the Receiving Section

CLR III C 1 Introduction

According to Art. 116(1) EPC, oral proceedings shall take place either at the instance of the EPO if it considers this to be expedient or at the request of any party to the proceedings. In other words, oral proceedings are not held automatically in each case. The purpose of oral proceedings is to safeguard a party's right to be heard as well as to settle as far as possible all outstanding questions relevant to the decision and to speed up the procedure.