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The European Patent Convention

 
 

Rule 153
Attorney-client evidentiary privilege[ 133 ]

Where advice is sought from a professional representative in his capacity as such, all communications between the professional representative and his client or any other person, relating to that purpose and falling under Article 2 of the Regulation on discipline for professional representatives, are permanently privileged from disclosure in proceedings before the European Patent Office, unless such privilege is expressly waived by the client.
(2)
Such privilege from disclosure shall apply, in particular, to any communication or document relating to: 
(a)
the assessment of the patentability of an invention; 
(b)
the preparation or prosecution of a European patent application;  
(c)
any opinion relating to the validity, scope of protection or infringement of a European patent or a European patent application. 
 
Title amended by decision of the Administrative Council (CA/D 4/08) of 21.10.2008 (OJ EPO 2008, 513), entered into force on 01.04.2009.
French version amended by decision of the Administrative Council CA/D 4/08 of 21.10.2008 (OJ EPO 2008, 513), entered into force on 01.04.2009.
References

Art. 133, 134, 134a

 
Version history +
13.12.2007 - 31.03.2009 
Decision of the Administrative Council of 07.12.2006 (CA/D 10/06), (OJ EPO 2007, 8 and Special edition 1/2007)
01.04.2009 -  
CA/D 4/08 (OJ EPO 2008, 513)
 
Cross-reference list
EPC EPC 1973
R. 153-