GL E III 8.1 Admission of the public to proceedings

Oral proceedings before the Receiving Section, the examining divisions and the Legal Division are not public.[Art. 116(3); ]

Oral proceedings, including delivery of the decision (see E‑III, 9), are public before the opposition divisions in so far as the opposition division does not decide otherwise in cases where admission of the public could have serious and unjustified disadvantages, in particular for a party to the proceedings.

GL E III 8 Conduct of oral proceedings

8.1 Admission of the public to proceedings

8.2 Conduct of oral proceedings

8.3 Opening of oral proceedings: non-appearance of a party

8.4 Opening of the substantive part of the proceedings

8.5 Submissions by the parties

GL E III 7.2.2 Withdrawal of the request for oral proceedings

If the request for oral proceedings is explicitly withdrawn, or if a written statement is to be interpreted as equivalent to a withdrawal of the request for oral proceedings (because the party has indicated that it will not attend – see T 3/90, T 696/02 and T 1027/03 – or has requested a decision according to the state of the file – see

GL E III 7.2.1 General

In response to submissions made by a party in reply to the summons to oral proceedings, the division may also decide to cancel the oral proceedings and continue the procedure in writing. If it takes such a decision, it notifies the parties accordingly. In the absence of such notification, the parties must be aware that oral proceedings will be held.

GL E III 7.2 Cancellation or maintenance of oral proceedings

7.2.1 General

7.2.2 Withdrawal of the request for oral proceedings

GL E III 7.1.3 Change of date of oral proceedings – defined notice period

The notice period defined in Rule 115(1), i.e. at least two months, is valid also in the case of a change of date unless the parties have agreed on a shorter period (see also E‑III, 6(iii), and E‑III, 8.11.1).

GL E III 7.1.2 Change of date of oral proceedings at the instigation of the division

In exceptional cases the division might have to instigate the change of date of oral proceedings for reasons similar to those mentioned above. The date of the oral proceedings will, however, be changed only if a suitable replacement cannot be found.

GL E III 7.1.1 Requests to change the date of oral proceedings

A request to change the date of oral proceedings is allowable only if the party concerned can advance serious reasons which justify the fixing of a new date (see T 1080/99, T 300/04, J 4/03 and T 178/03). The request to fix another date must be filed as soon as possible after the grounds preventing the party concerned from attending the oral proceedings have arisen.