GL E III 6 Summons to oral proceedings

All parties must be duly summoned to oral proceedings by notification. The summons must state the subject, the date and time and the form of the oral proceedings.[Rule 115(1); Art. 119; ]

The division sets a single date for the oral proceedings, i.e. one day or, in particular cases, more than one consecutive day. No pre-announcement of the date will be made.

GL E III 5.1 When can summons to oral proceedings be issued in substantive examination?

At the beginning of substantive examination, if the examining division is of the opinion that the application cannot be granted directly, at least one substantive communication within the meaning of Art. 94(3) will generally be sent before the division issues a summons to oral proceedings (see C‑III, 4).

In particular, neither the search opinion of an EESR or a supplementary search (ESOP) nor an opinion or report from the PCT procedure (WO‑ISA, SISR, IPRP or IPER) is a

GL E III 5 Preparation of oral proceedings

The purpose of oral proceedings is to settle as far as possible all outstanding questions relevant to the decision.

GL E III 4 Oral proceedings at the instance of the EPO

The competent department of the EPO may arrange for oral proceedings to take place without a request from a party if it considers this to be expedient.[Art. 116(1); ]

Oral proceedings will normally only be expedient if after an attempt at written clarification there are still questions or doubts which have a crucial bearing on the decision to be reached and which may be more efficiently or surely settled by oral discussion with the party or parties, or if it is necessary to take evidence as part of oral procee

GL E III 3 Request for further oral proceedings

The EPO may reject a request for further oral proceedings before the same department where the parties and the subject of the proceedings are the same, irrespective of the form in which the oral proceedings were held.[Art. 116(1); ]

Oral proceedings, particularly in opposition proceedings, are held to give the opportunity to finally discuss all matters raised and are normally terminated with a decision announced orally.

GL E III 2.2 Request for oral proceedings in examination to be held on EPO premises

A request that oral proceedings before the examining division be held by way of exception on the premises of the EPO (see E-III, 1) needs to be filed as early as possible, preferably together with the request for oral proceedings.

GL E III 2.1 Request for oral proceedings by an opponent whose opposition is to be rejected as inadmissible or is deemed not to have been filed

Under Art. 116(1), oral proceedings may be requested only by a party to pending proceedings. If the opposition division notes deficiencies in the notice of opposition under Rule 77(1), any opponent still remains a party to the proceedings until such time as their opposition is rejected as inadmissible.

GL E III 2 Oral proceedings at the request of a party

If, in the course of proceedings, a party requests oral proceedings, the competent department must grant this request as further explained in this section.

GL E III 1 General

By "oral proceedings" is meant formal proceedings within the meaning of Art. 116. The term does not include consultations such as occur in examination proceedings and limitation/revocation proceedings (see C‑VII, 2).