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Guidelines for Examination


10.3 Subject-matter of minutes

Minutes must contain the essentials of the oral proceedings and the relevant statements made by the parties, together with arguments relevant to the decision and not contained in the parties' written submissions. Details of the argumentsation brought raised by the parties, however, should be developed in the decision, and therefore should only be briefly reported in the minutes.

Relevant statements are, for example, new or amended procedural submissions or the withdrawal thereof, the fresh submission or amendment or withdrawal of application documents, such as claims, description and drawings, and statements of surrender.

The essentials of the oral proceedings include new statements by the party or parties and by the member or members of the department concerning the subject-matter of the proceedings. In examination and opposition proceedings, the essentials are principally new statements arguing the presence or lack of novelty, inventive step and other patentability criteria. The minutes should not, however, be an exhaustive recollection of everything that was said during the oral proceedings. Rather, they should be limited to the essentials and be as brief and concise as possible.

Vague or general statements are to be avoided. Also, care must be taken to ensure that statements crucial to the decision are correctly recorded. Although this should normally not be necessary, inIn case of doubt, the record of such statements should be read out to the parties concerned before the decision is taken and announced. If new facts or evidence are submitted during the oral proceedings, the minutes should make clear that the division has examined them under Art. 114(1). They should also indicate whether or not the Division, after having heard the parties, subsequently disregarded them under Art. 114(2).

The minutes should briefly summarise the following elements, where present:

relevant arguments of the partiesarguments relevant for the decision as submitted by the parties, which, ifn case they are already known already from the written procedure, can be referred to as such.,
the substance of any new requests by the parties, preferably in the form of a brief statement referring to documents containing these requests, which must be attached to the minutes, and
presentation of the case by a member of the Division objections, arguments and/or requests to the parties voiced by a member of the Division, focussing on the points relevant for the decision which should be developed in the grounds for the decision.

The parties' final requests should be recorded in the minutes immediately prior to the part indicating the decision or, if no final decision is taken, the outcome of the proceedings The minutes should conclude by indicating the decision taken by the dDivision or, if no final decision is taken, the outcome of the proceedings. This part should be preceded by a record of the parties' final requests as indicated in point (b) above.

The minutes should also contain procedural information, such as how the proceedings are to be continued after closure of the oral proceedings.

If a decision is given, the wording of the operative part for the decision (see E‑II, 9) must be reproduced in the minutes.

If the exact wording of a statement or submission is not of importance, only a concise summary of the essentials should appear in the minutes.

The minutes with the result reached during the proceedings are communicated to the parties as soon as possible.


Rule 124(1)