7.3. Oral proceedings held by videoconference
Prior to the first communication concerning oral proceedings before the boards of appeal entitled "Restrictions due to the coronavirus (COVID-19) pandemic and introduction of video-conferencing technology in appeal proceedings", published on the website of the boards of Appeal on 6 May 2020, and prior to the introduction of Art. 15a RPBA 2020, oral proceedings via video conference were not possible before the boards of appeal.
The boards previously rejected requests for oral proceedings to be held by video-conference, see T 1266/07 (lack of general framework on this matter). It would have been necessary to ensure that the use of video conferencing was reconciled with the requirement that oral proceedings before the boards be public. See inter alia T 37/08, T 663/10, T 1930/12, T 1942/12, T 1081/12, T 2313/12, T 1529/14, T 932/16.
In T 2068/14 the board held that it had discretion regarding the organisation of oral proceedings, including, holding them by video conference, considering in particular whether the case in hand was ex parte or inter partes. A further important issue was the availability of suitable rooms for oral proceedings before the board by video conference. This would typically require that provision also be made for the public (see T 1266/07). See also T 2468/10, T 928/11, T 1081/12, T 2313/12, T 932/16).