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TABLE OF CONTENTS

EUROPEAN PATENT OFFICE

Guidelines for Examination /Part E

– Guidelines on General Procedural Matters
Amended in July, 1999

INTRODUCTION

CHAPTER I COMMUNICATIONS AND NOTIFICATIONS
1. Communications/ 1.1 General remarks/ 1.2 Number of communications/ 1.3 Form of decisions, communications and notices/ 2. Notification/ 2.1 General remarks/ 2.2 Method of notification/ 2.3 Notification by post/ 2.4 Notification to representatives/ 2.5 Irregularities in the notification

CHAPTER II PROCEDURE FOR AMENDMENTS TO DOCUMENTS
1. Amendment by submitting missing documents or by filing replacement pages/ 2. Amendments using copies/ 3. Amendments made by the EPO at the request of a party and amendments made by a party at the EPO

CHAPTER III ORAL PROCEEDINGS
1. General/ 2. Oral proceedings at the request of a party/ 3. Request for further oral proceedings/ 4. Oral proceedings at the instance of the EPO/ 5. Preparation of oral proceedings/ 6. Summons to oral proceedings/ 7. Requests for the postponement of oral proceedings/ 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/ 8.6 Facts, evidence or amendments introduced late/ 8.7 Discussion of the facts and of the legal position/ 8.8 Right of the other members of the Examining or Opposition Division to put questions/ 8.9 Closure of oral proceedings/ 9. Delivery of the decision/ 10. Minutes of oral proceedings/ 10.1 Formal requirements/ 10.2 Subject-matter of minutes

CHAPTER IV TAKING AND CONSERVATION OF EVIDENCE
1. Taking of evidence by the departments of the EPO/ 1.1 General remarks/ 1.2 Means of evidence/ 1.3 Taking of evidence in substantive examination and opposition proceedings/ 1.4 Order to take evidence/ 1.5 Summoning of parties, witnesses and experts/ 1.6 Hearing of parties, witnesses and experts/ 1.6.1 General remarks/ 1.6.2 Witnesses and experts not summoned/ 1.6.3 Guidance to persons heard/ 1.6.4 Separate hearings/ 1.6.5 Examination as to personal particulars/ 1.6.6 Examination as to res gestae/ 1.6.7 Entitlement of parties to put questions at hearings/ 1.7 Minutes of taking of evidence/ 1.8 Commissioning of experts/ 1.8.1 Decision on the form of the report/ 1.8.2 Objection to an expert/ 1.8.3 Terms of reference of the expert/ 1.9 Costs arising from oral proceedings or taking of evidence/ 1.10 Entitlements of witnesses and experts/ 1.10.1 Expenses for travel and subsistence/ 1.10.2 Loss of earnings, fees/ 1.10.3 Details of the entitlements of witnesses and experts/ 2. Conservation of evidence/ 2.1 Requirements/ 2.2 Request for the conservation of evidence/ 2.3 Competence/ 2.4 Decision on the request and the taking of evidence/ 3. Taking of evidence by courts or authorities of the Contracting States/ 3.1 Legal co-operation/ 3.2 Means of giving or taking evidence/ 3.2.1 Taking of evidence on oath or in equally binding form/ 3.2.2 Cases where evidence is taken in this manner/ 3.3 Letters rogatory/ 3.4 Procedures before the competent authority/ 3.5 Costs of taking evidence/ 3.6 Taking of evidence by parties/ 4. Evaluation of evidence/ 4.1 General remarks/ 4.2 Evaluation of the testimony of a witness/ 4.3 Evaluation of the testimony of parties/ 4.4 Evaluation of an expert opinion/ 4.5 Evaluation of an inspection

CHAPTER V DEROGATIONS FROM THE LANGUAGE OF THE PROCEEDINGS IN ORAL PROCEEDINGS
1. Use of an official language/ 2. Language of a Contracting State or other language/ 3. Exceptions from points 1 and 2/ 4. Language used in the taking of evidence/ 5. Language used by employees of the European Patent Office/ 6. Language used in the minutes

CHAPTER VI EXAMINATION BY THE EPO OF ITS OWN MOTION; FACTS OR EVIDENCE NOT SUBMITTED IN DUE TIME; OBSERVATIONS BY THIRD PARTIES
1. Examination by the EPO of its own motion/ 1.1 General remarks/ 1.2 Limits on the obligation to undertake examination/ 2. Facts or evidence not submitted in due time/ 3. Observations by third parties and examination thereof

CHAPTER VII INTERRUPTION OF THE PROCEEDINGS
1. Cases in which the proceedings may be interrupted/ 2. Resumption of proceedings/ 2.1 Resumption of time limits/ 3. Department responsible

CHAPTER VIII TIME LIMITS, LOSS OF RIGHTS, FURTHER PROCESSING AND RE-ESTABLISHMENT OF RIGHTS
1. Time limits and loss of rights resulting from failure to respond within a time limit/ 1.1 Determination of time limits/ 1.2 Duration of the time limits to be determined by the Patent Office on the basis of provisions of the Convention or the Implementing Regulations/ 1.3 Time limits which may be freely determined/ 1.4 Calculation of time limits/ 1.5 Effect of change in priority date/ 1.6 Extension of a time limit/ 1.7 Late receipt of documents/ 1.8 Failure to respond within a time limit/ 1.9 Loss of rights/ 1.9.1 Cases of loss of rights/ 1.9.2 Noting and communication of loss of rights/ 1.9.3 Decision on loss of rights/ 2. Further processing and re-establishment of rights/ 2.1 Request for further processing of the European patent application/ 2.2 Re-establishment of rights/ 2.2.1 General remarks/ 2.2.2 Extension of re-establishment of rights to opponents/ 2.2.3 Relevant time limits/ 2.2.4 Time limits not covered/ 2.2.5 Applications for re-establishment of rights/ 2.2.6 Special considerations in proceedings with more than one party/ 2.2.7 Decision on re-establishment of rights/ 3. Accelerated prosecution of European patent applications

CHAPTER IX APPLICATIONS UNDER THE PATENT COOPERATION TREATY
1. General remarks/ 2. The EPO as a receiving Office/ 3. The EPO as an International Searching Authority/ 3.1 General remarks/ 3.2 Review of the objection to lack of unity under Rule 40.2(c) – (e) PCT/ 4. The EPO as a designated Office/ 4.1 General remark/ 4.2 Communication to the EPO as a designated Office/ 4.3 Publication of the translation of the international application/ 4.4 Supplementary European search report/ 4.5 Delaying of the procedure before the EPO/ 4.6 Review by the EPO as a designated Office/ 4.7 Examination and processing/ 4.8 Inspection of files/ 5. The EPO as an International Preliminary Examining Authority/ 5.1 General remarks/ 5.2 Review of the lack of unity of invention under Rule 68.3(c) – (e) PCT/ 5.3 Documents forming the basis for the International Preliminary Examination Report (IPER)/ 6. The EPO as an elected Office/ 6.1 Introductory remark/ 6.1a General remarks/ 6.2 Opening of the regional phase and of substantive examination/ 6.3 The international preliminary examination report (IPER)/ 6.4 Substantive examination of a Euro-PCT application accompanied by an international preliminary examination report (IPER)/ 6.4.1 Comparative test results/ 6.4.2 Documents forming the basis for substantive examination/ 6.4.3 Consideration of the contents of the international preliminary examination report during substantive examination/ 6.5 Inspection of files

CHAPTER X DECISIONS
1. Basis of decisions/ 1.1 General remarks/ 1.2 Examples/ 2. Consideration of time limits/ 3. Decisive text of documents/ 4. Written form of decisions/ 4.1 General remarks/ 4.2 The tenor/ 4.3 Facts and submissions/ 4.4 Decision on the file as it stands/ 5. Reasoning of decisions/ 6. Decisions which do not terminate proceedings/ 7. Binding nature of decisions on appeals relating to the same case/ 8. Information as to means of redress/ 9. Notification/ 10. Correction of errors in decisions

CHAPTER XI APPEALS
1. Suspensive effect/ 2. Appeals after surrender or lapse of the patent/ 3. Appeals against the apportionment of costs/ 4. Appeals against the decision of the Opposition Division on the fixing of costs/ 5. Persons entitled to appeal and to be parties to appeal proceedings/ 6. Time limit and form of appeal/ 7. Interlocutory revision/ 8. Reimbursement of appeal fees/ 9. Remittal to the Board of Appeal/ 10. Rules of Procedure for the departments of the second instance

CHAPTER XII THE REQUEST FROM A NATIONAL COURT FOR A TECHNICAL OPINION CONCERNING A EUROPEAN PATENT
1. General/ 2. Scope of the technical opinion/ 3. Composition and duties of the Examining Division/ 4. Language to be used/ 5. Procedure/ 5.1 Formalities check/ 5.2 Preliminary examination/ 5.3 Withdrawal of the request/ 5.4 Establishment and issue of the technical opinion/ 5.5 Appearance before the national court

CHAPTER XIII REGISTERING TRANSFERS, LICENSES, OTHER RIGHTS, ETC.
1. Transfer of the European patent application/ 2. Transfer of the European patent/ 3. Licenses and other rights/ 4. Change of name

[Last updated 1 April 2004]
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