sou · GRB366d2 · 2004-01-01 00:00:00 — (e)a statement establishing a prima facie case for fearing that it might subsequently become more difficult or impossible to take evidence. (3)The request shall not be deemed to have been filed until the prescribed fee has been paid. (4)The decision on the request and any resulting taking of evidence shall be incumbent upon the department of Patent Office which would have to take the decision liable to be affected by the facts to be established. The provisions with regard to the taking of evidence in proceedings before Patent Office shall apply. Minutes of oral proceedings and of taking of evidence (1)Minutes of oral proceedings and of the taking of evidence shall be drawn up, containing the essentials of the oral proceedings or of the taking of evidence, the relevant statements made by the parties, the testimony of the parties, witnesses or experts and the result of any inspection. (2)The minutes of the testimony of a witness, expert or party shall be read out or submitted to him, so that he may examine them. It shall be noted in the minutes that this formality has been carried out and that the person who gave the testimony approved the minutes. If his approval is not given, his objections shall be noted. 3) The minutes shall be authenticated by the employee who drew them up and by the employee who conducted the oral proceedings or taking of evidence, either by their signature or by any other appropriate means. (4) The parties shall be provided with a copy of the minutes. (1)In proceedings before Patent Office, any notification to be made shall take the form of the original document, a copy thereof certified by or bearing the seal of Patent Office, or a computer print-out bearing such seal. Copies of documents emanating from the parties themselves shall not require such certification. (2)Notification shall be made: (a)by post in accordance with Rule 78; (b)by delivery on the premises of Patent Office in accordance with Rule 79; (c)by public notice in accordance with Rule 80; or (d)by such technical means of communication as are determined by the President of Patent Office and under the conditions laid down by him. (3) Notification through the central industrial property office of a be made in accordance with the law applicable to that office in national proceedings. (1)Decisions incurring a period for appeal or a petition for review, summonses and other such documents as determined by the President of Patent Office shall be notified by registered letter with advice of delivery. All other notifications by post shall be by registered letter. (2)Where notification is effected by registered letter, whether or not with advice of delivery, this shall be deemed to be delivered to the addressee on the tenth day following its posting, unless the letter has failed to reach the addressee or has reached him at a later date; in the event of any dispute, it shall be incumbent on Patent Office to establish that the letter has reached its destination or to establish the date on which the letter was delivered to the addressee, as the case may be. (3)Notification by registered letter, whether or not with advice of delivery, shall be deemed to have been effected even if acceptance of the letter has been refused. (4)To the extent that notification by post is not covered by paragraphs 1 to 3, the law of the State in which the notification is made shall apply. Notification by delivery by hand Notification may be effected on the premises of Patent Office by delivery by hand of the document to the addressee, who shall on delivery acknowledge its receipt. Notification shall be deemed to have been effected even if the addressee refuses to accept the document or to acknowledge receipt thereof. (1)If the address of the addressee cannot be established, or if notification in accordance with Rule 78, paragraph 1, has proved to be impossible even after a second attempt, notification shall be effected by public notice. (2)The President of Patent Office shall determine how the public notice is to be given and the beginning of the period of one month on expiry of which the document shall be deemed to have been notified. (1)If a representative has been appointed, notifications shall be addressed to him. (2)If several representatives have been appointed for a single party, notification to any one of them shall be sufficient. (3)If several parties have a common representative, notification to the common representative shall be sufficient. Where a document has reached the addressee, if Patent Office is unable to prove that it has been duly notified, or if provisions relating to its notification have not been observed, the document shall be deemed to have been notified on the date established by Patent Office as the date of receipt. (1)Periods shall be laid down in terms of full years, months, weeks or days. (2)Computation shall start on the day following the day on which the relevant event occurred, the event being either a procedural step or the expiry of another period. Where the procedural step is a notification, the event considered shall be the receipt of the document notified, unless otherwise provided. (3)When a period is expressed as one year or a certain number of years, it shall expire in the relevant subsequent year in the month having the same name and on the day having the same number as the month and the day on which the said event occurred; if the relevant subsequent month has no day with the same number, the period shall expire on the last day of that month. (4)When a period is expressed as one month or a certain number of months, it shall expire in the relevant subsequent month on the day which has the same number as the day on which the said event occurred; if the relevant subsequent month has no day with the same number, the period shall expire on the last day of that month. (5) When a period is expressed as one week or a certain number of weeks, it shall expire in the relevant subsequent week on the day having the same name as the day on which the said event occurred. Periods specified by Patent Office (1)Where the Convention or these Implementing Regulations refer to "a period to be specified", this period shall be specified by Patent Office. (2)Unless otherwise provided, a period specified by Patent Office shall be neither less than two months nor more than four months; in certain circumstances it may be up to six months. In special cases, the period may be extended upon request, presented before the expiry of such period. 1)A document received late at Patent Office shall be deemed to have been received in due time if it was posted, or delivered to a recognised delivery service, in due time before expiry of the period in accordance with the conditions laid down by the President of Patent Office, unless the document was received later than three months after expiry of the period. 2)Paragraph 1 shall apply mutatis mutandis to any period where transactions are carried out with the competent authority in accordance with Article 75, paragraphs 1(b) or 2(b). 1) If a period expires on a day on which one of the filing offices of Patent Office under Rule 24, paragraph 1, is not open for receipt of documents or on which, for reasons other than those referred to in paragraph 2, ordinary mail is not delivered there, the period shall extend to the first day thereafter on which all the filing offices are open for receipt of documents and on which ordinary mail is delivered. (2) If a period expires on a day on which there is a general interruption or subsequent dislocation in the delivery of mail in a or between a and Patent Office, the period shall extend to the first day following the end of the interval of interruption or dislocation for parties resident in the State concerned or who have appointed representatives with a place of business in that State. The first sentence shall apply mutatis mutandis to the period referred to in Rule 25a, paragraph 2. Where the State concerned is the State in which Patent Office is located, this provision shall apply to all parties. The duration of the above-mentioned interval of interruption or dislocation shall be as stated by the President of Patent Office. (3)Paragraphs 1 and 2 shall apply mutatis mutandis to any periods where transactions are carried out with the competent authority in accordance with Article 75, paragraphs 1(b) or 2(b). (4)If an exceptional occurrence such as a natural disaster or strike interrupts or dislocates the proper functioning of Patent Office so that any communication from the Office to parties concerning the expiry of a period is delayed, acts to be completed within such a period may still be completed within one month of the delayed communication. The date of commencement and the end of any such interruption or dislocation shall be as stated by the President of Patent Office. (5)Without prejudice to paragraphs 1 to 4, evidence may be offered that on any of the ten days preceding the day of expiry of a period the mail service was interrupted or subsequently dislocated on account of war, revolution, civil disorder, strike, natural calamity, or other like reason, in the locality where the party or his representative resides or has his place of business or is staying. If such circumstances are proven to the satisfaction of Patent Office, a document received late shall be deemed to have been received in due time, provided that the has been effected within five days after the mail service was resumed. Period of grace for payment of fees 1) Further processing under Article 121, paragraph 1, shall be requested by payment of the prescribed fee within two months of the communication concerning either the failure to observe a time limit or a loss of rights. The omitted act shall be completed within the period for making the request. 2) Further processing shall be ruled out in respect of the periods referred to in Article 121, paragraph 4, and of the periods under Rule 6, paragraph (1), Rule 14a, paragraph 1(a), Rule 25d, paragraph 3, Rule 37, paragraph 2, Rule 38, paragraph 2, Rules 39 and 39a, Rules 41 and 41a, and Rule 69, paragraph 2. (3) The department competent to decide on the omitted act shall decide on the request for further processing. Period of grace for the filing of the request for examination Deleted (1)request for re-establishment of rights under Article 122, paragraph 1, shall be filed in writing within two months of the removal of the cause of non- compliance with the period, but at the latest within one year of expiry of the unobserved time limit. request for re- of rights in respect of the period specified in Article 87, paragraph 1, shall be filed within two months of expiry of that period. The request for re- of rights shall not be deemed to have been filed until the prescribed fee has been paid. (2)The request shall state the grounds on which it is based and shall set out the facts on which it relies. The omitted act shall be completed within the relevant period for filing the request according to paragraph 1. (3)of rights shall be ruled out in respect of any period for which further processing under Article 121 is available and in respect of the period for requesting re- of rights. (4)The department competent to decide on the omitted act shall decide on the request for re-establishment of rights. Amendment of patent application (1)Before receiving search report, the applicant may not amend the description, claims or drawings of a European patent application unless otherwise provided. (2)After receipt of search report, the applicant may, of his own volition, amend the description, claims and drawings. (3)After receipt of the first communication from the Examining Division, the applicant may, of his own volition, amend once the description, claims and drawings, provided that the amendment is filed at the same time as the reply to the communication. No further amendment may be made without the consent of the Examining Division. (4)Amended claims may not relate to unsearched subject-matter which does not combine with the originally claimed invention or group of inventions to form a single general inventive concept. Different claims, description and drawings for different States If Patent Office is informed of the existence of a prior right under Article 139, paragraph 2, patent application or European patent may, for such State or States, contain claims and, where appropriate, a description and drawings which are different from those for the other designated States. Correction of errors in documents filed with Patent Office Linguistic errors, errors of transcription and mistakes in any document filed with Patent Office may be corrected on request. However, if the request for such correction concerns the description, claims or drawings, the correction must be obvious in the sense that it is immediately evident that nothing else would have been intended than what is offered as the correction. Correction of errors in decisions In decisions of Patent Office, only linguistic errors, errors of transcription and obvious mistakes may be corrected. Chapter VII Information on prior art Information on prior art Information on prior art Patent Office may invite the applicant to provide, within a period to be specified, information on prior art taken into consideration in the examination of national or regional patent applications and concerning an invention to which patent application relates. (1) Proceedings before Patent Office shall be interrupted: (a)in the event of the death or legal incapacity of the applicant for or proprietor of a European patent or of the person authorised by national law to act on his behalf. To the extent that the above events do not affect the authorisation of a representative appointed under Article 134, proceedings shall be interrupted only on application by such representative; (b)in the event of the applicant for or proprietor of a patent, as a result of some action taken against his property, being prevented by legal reasons from continuing the proceedings; (c)in the event of the death or legal incapacity of the representative of an applicant for or proprietor of a patent, or of his being prevented for legal reasons resulting from action taken against his property from continuing the proceedings. (2) When, in the cases referred to in paragraph 1(a) or (b), Patent Office has been informed of the identity of the person authorised to continue the proceedings, it shall notify such person and, where applicable, any third party that the proceedings will be resumed as from a specified date. (3) In the case referred to in paragraph 1(c), the proceedings shall be resumed when Patent Office has been informed of the appointment of a new representative of the applicant or when the Office has informed the other parties of the appointment of a new representative of the proprietor of the patent. If, three months after the beginning of the interruption of the proceedings, Patent Office has not been informed of the appointment of a new representative, it shall communicate to the applicant for or proprietor of the patent: (a)where Article 133, paragraph 2, is applicable, that patent application will be deemed to be withdrawn or patent will be revoked if the information is not submitted within two months of this communication; or (b)otherwise, that the proceedings will be resumed with the applicant for or proprietor of the patent as from the notification of this communication. (4) periods, other than those for requesting examination and paying renewal fees, in force at the date of interruption of the proceedings, shall begin again as from the day on which the proceedings are resumed. If such date is less than two months before the end of the period within which the request for examination must be filed, such a request may be filed within two months of such date. Waiving of enforced recovery procedures Information to the public Entries in Patent Register (1) Patent Register shall contain the following entries: (a)number of patent application; (b)date of filing of the application; (c)title of the invention; (d)classification symbols assigned to the application; (e)the Contracting States designated; (f)particulars of the applicant for or proprietor of the patent as provided in Rule 26, paragraph 2(c); (g)family name, given names and address of the inventor designated by the applicant for or proprietor of the patent, unless he has waived his right to be mentioned under Rule 18, paragraph 1; (h)particulars of the representative of the applicant for or proprietor of the patent as provided in Rule 26, paragraph 2(d); in the case of several representatives only the particulars of the representative first named, followed by the words "and others" and, in the case of an association referred to in Rule 101, paragraph 9, only the name and address of the association; (i)priority data (date, State and file number of the previous application); (j)in the event of a division of the application, the numbers of all the divisional applications; (k)in the case of a divisional application or a new application under Article 61, paragraph 1(b), the information referred to in sub-paragraphs (a), (b) and (i) with regard to the earlier application; (l)date of publication of the application and, where appropriate, date of the separate publication of search report; (m)date of filing of the request for examination; (n)date on which the application is refused, withdrawn or deemed to be withdrawn; (o)date of publication of the mention of the grant of patent; (p)date of lapse of patent in a during the opposition period and, where appropriate, pending a final decision on opposition; (q)date of filing opposition; (r)date and purport of the decision on opposition; (s)dates of stay and resumption of proceedings in the cases referred to in Rules 13 and 56a; (t)dates of interruption and resumption of proceedings in the case referred to in Rule 90; (u)date of re-establishment of rights where an entry has been made under sub-paragraphs (n) or (r); (v)the filing of a request for conversion under Article 135, paragraph 3; (w)rights and transfer of such rights relating to an application or a European patent where these Implementing Regulations provide that they shall be recorded. (2) The President of Patent Office may decide that entries other than those referred to in paragraph 1 shall be made in Patent Register. Parts of the file excluded from inspection The parts of the file excluded from inspection under Article 128, paragraph 4, shall be: (a)the documents relating to the exclusion of or objections to members of the Boards of Appeal or of ; (b)draft decisions and notices, and all other documents, used for the preparation of decisions and notices, which are not communicated to the parties; (c)the designation of the inventor, if he has waived his right to be mentioned under Rule 18, paragraph 1; (d)any other document excluded from inspection by the President of Patent Office on the ground that such inspection would not serve the purpose of informing the public about patent application or patent. Procedures for the inspection of files (1)Inspection of the files of European patent applications and patents shall either be of the original document, or of copies thereof, or of technical means of storage if the files are stored in this way. (2)The President of Patent Office shall determine all file- inspection arrangements, including the circumstances in which an administrative fee is payable. Communication of information contained in the files Subject to the restrictions laid down in Article 128, paragraphs 1 to 4, and in Rule 93, Patent Office may, upon request, communicate information concerning any file relating to a European patent application or European patent, subject to the payment of an administrative fee. However, Patent Office may refer to the option of file inspection where it deems this to be appropriate in view of the quantity of information to be supplied. Constitution, maintenance and preservation of files 1) Patent Office shall constitute, maintain and preserve files relating to all European patent applications and patents. (2)The President of Patent Office shall determine the form in which these files shall be constituted, maintained and preserved. (3)Documents incorporated in an electronic file shall be considered to be originals. (4)files shall be preserved for at least five years from the end of the year in which: (a)the application is refused or withdrawn or is deemed to be withdrawn; (b)the patent is revoked by Patent Office; or (c)the patent or the corresponding protection under Article 63, paragraph 2, lapses in the last of the designated States. (5) Without prejudice to paragraph 4, files relating to applications which have given rise to divisional applications under Article 76 or new applications under Article 61, paragraph 1(b), shall be preserved for at least the same period as the files relating to any one of these last applications. The same shall apply to files relating to any resulting European patents. Additional publications by Patent Office Legal and administrative co-operation Communications between Patent Office and the authorities of the Contracting States 1) Communications between Patent Office and the central industrial property offices of the Contracting States which arise out of the application of this Convention shall be effected directly between these authorities. Communications between Patent Office and the courts or other authorities of the Contracting States may be effected through the intermediary of the said central industrial property offices. (2) Expenditure in respect of communications under paragraph 1 shall be borne by the authority making the communications, which shall be exempt from fees. Inspection of files by or via courts or authorities of the Contracting States (1)Inspection of the files of European patent applications or of European patents by courts or authorities of the Contracting States shall be of the original documents or of copies thereof; Rule 94 shall not apply. (2)Courts or public prosecutors' offices of the Contracting States may, in the course of their proceedings, communicate to third parties files or copies thereof transmitted to them by Patent Office. Such communications shall be effected in accordance with Article 128 and shall not be subject to any fee. (3)Patent Office shall, when transmitting the files, draw attention to the restrictions which may, under Article 128, paragraphs 1 and 4, apply to file inspection by third parties. Procedure for letters rogatory 1) Each designate a central authority to receive letters rogatory issued by Patent Office and to transmit them to the authority competent to execute them. (2) Patent Office shall draw up letters rogatory in the language of the competent authority or shall attach to such letters rogatory a translation into the language of that authority. (3)Subject to paragraphs 5 and 6, the competent authority shall apply national law as to the procedures to be followed in executing such requests and, in particular, as to the appropriate measures of compulsion. (4)If the authority to which the letters rogatory are transmitted is not competent to execute them, the letters rogatory shall be sent forthwith to the central authority referred to in paragraph 1. That authority shall transmit the letters rogatory either to the competent authority in that State, or to Patent Office where no authority is competent in that State. (5)Patent Office shall be informed of the time when, and the place where, the enquiry or other legal measure is to take place and shall inform the parties, witnesses and experts concerned.