Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our weekly newsletters. Signing up for any of our section newsletters will opt you in to the weekly Coronavirus briefing.
Sign up for our Intellectual Property newsletter
You must correct or enter the following before you can sign up:
Thank You!
Law360 (December 17, 2020, 9:35 PM EST ) The European Patent Office said Thursday it will shutter its offices in Berlin, Munich and The Hague through Jan. 10 due to the current state of the pandemic, as several European countries ramp up measures to tamp down spikes in COVID-19 cases ahead of Christmas.
The office was originally set to close from Dec. 24 through Jan. 4, but in light of the lockdown measures — including bans on large gatherings and shutting down nonessential businesses — EPO president António Campinos decided to prolong the closure.
"In response to recent developments in the COVID-19 pandemic and stricter lockdowns across Europe, the president of the EPO has decided to prolong the closure of its filing offices," the EPO said on its website.
Given the extended closure, the office said it will accordingly extend filing deadlines for documents and payments through Jan. 11, when it will reopen its doors. In the meantime, the office directed users to file documents online or drop them in automated mailboxes.
Oral hearings scheduled between Jan. 4 through Jan. 8 will be rescheduled, the EPO said.
Germany, the Netherlands and the Czech Republic have all ramped up lockdown measures in recent days. The restrictions in the Netherlands began Tuesday and will stretch until Jan. 19. Germany followed suit Wednesday, with plans to lift the measures Jan. 10. Restrictions in the Czech Republic are set to take effect Friday.
In addition to the extended closure, the EPO has also announced that it adopted an amendment allowing oral proceedings to be conducted by video conference. The EPO's Boards of Appeals, which handles appeals of adverse patent decisions, has been holding a mix of in-person and remote hearings since May.
The EPO has held 150 hearings by video conference since May, but only when both parties agreed to it. The amendment, which was adopted Dec. 10, said the flexible approach allowed all involved to get accustomed to the virtual format. However, from here on out it will be up to the discretion of the Boards of Appeals whether to summon parties for in-person hearings or hold oral proceedings by video conference.
The amendment requires that the public be able to access oral hearings, whether by allowing members of the public to attend remotely or streaming proceedings to a room dedicated for public viewing at the European Patent Office.
--Editing by Emily Kokoll.
For a reprint of this article, please contact reprints@law360.com.
