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The European Patent Convention

 
 
Table of Contents - The European Patent Convention
Implementing Regulations to the Convention on the Grant of European Patents
Part VII Implementing Regulations to Part VII of the Convention
Chapter III Oral proceedings and taking of evidence
Rule 122 Costs of taking of evidence
Rule 122
Costs of taking of evidence 
Art. 33, 117
R. 117-121
(1)
The taking of evidence by the European Patent Office may be made conditional upon deposit with it, by the party requesting the evidence to be taken, of an amount to be fixed by reference to an estimate of the costs. 
(2)
Witnesses or experts who are summoned by and appear before the European Patent Office shall be entitled to appropriate reimbursement of expenses for travel and subsistence. An advance for these expenses may be granted to them. This shall also apply to persons who appear before the European Patent Office without being summoned by it and are heard as witnesses or experts. 
(3)
Witnesses entitled to reimbursement under paragraph 2 shall also be entitled to appropriate compensation for loss of earnings, and experts to fees for their work. These payments shall be made to the witnesses and experts after they have fulfilled their duties or tasks.
(4)[94]
The Administrative Council shall lay down the details implementing paragraphs 2 and 3. Any amounts due under these provisions shall be paid by the European Patent Office.
 
[94] See the Regulation of the Administrative Council of 21.10.1977 on compensation and fees payable to witnesses and experts (OJ EPO 1983, 102).
References
Art. 33, 117
R. 117-121
 
Cross-reference list
EPC EPC 1973
R. 122R. 74