With respect to facts and evidence not submitted in due time or arguments presented at a late stage in the proceedings in general, see E‑VI, 2.

GL E III 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)).

GL E III 8.5.1.2 Examination proceedings ( ex parte )

As no other party is affected, examining divisions may adopt a more liberal approach than opposition divisions.

GL E III 8.5.1.1 Opposition proceedings ( inter partes )

As a prerequisite, copies of the material to be presented must be provided in good time before the oral proceedings, i.e. Rule 116 applies.

GL E III 8.5.1 Use of computer-generated slideshows in oral proceedings

In oral proceedings a computer-generated slideshow cannot be used as a matter of right, but only with the permission of and at the discretion of the examining or opposition division or the Legal Division (T 1556/06), and provided that – in the case of oral proceedings on the EPO premises – the necessary equipment is available in the room in which the oral proceedings are held.

GL E III 8.5 Submissions by the parties

After the introduction referred to above, the party or parties will be allowed the floor in order to put their cases and to make applications on procedural matters and state the grounds thereof. In the normal course of events each party will have only one opportunity of making a comprehensive statement.

In opposition proceedings the opponents will generally speak first and the patent proprietor afterwards.

GL E III 8.4 Opening of the substantive part of the proceedings

In so far as necessary, the person conducting the proceedings will outline the stage reached in the proceedings and will indicate the most important matters in dispute according to the file. In examination or opposition proceedings this may also be done by the primary examiner.

GL E III 8.3.3.3 Procedure in examination proceedings

Oral proceedings give applicants an opportunity to exercise their rights under Art. 113(1). In examination proceedings, when applicants file amended claims before oral proceedings which they subsequently do not attend, they may expect a decision based on objections which might arise against such claims in their absence.

GL E III 8.3.3.2 Procedure in opposition proceedings

If new facts or evidence are submitted during inter partes oral proceedings which a party, although duly summoned, fails to attend, it must first be examined whether these submissions may be disregarded (Art. 114(2); see also E‑III, 8.6, and E‑VI, 2).

Following G 4/92, if new facts are taken into consideration, then at the end of the oral proceedings a decision based on these fa

GL E III 8.7 Handwritten amendments in oral proceedings

GL E III 8.6 Facts, evidence or amendments introduced at a late stage