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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 IX Information to the public
Rule 147 Constitution, maintenance and preservation of files
Rule 147[108]
Constitution, maintenance and preservation of files 
Art. 128
(1)
The European Patent Office shall constitute, maintain and preserve files relating to all European patent applications and patents. 
(2)
The President of the European 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)
Any 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the application is refused or withdrawn or is deemed to be withdrawn; 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 the European 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.
 
[108] See decision of the President of the EPO, Special edition No. 3, OJ EPO 2007, J.1.
References
Art. 128
 
Cross-reference list
EPC EPC 1973
R. 147R. 95a