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Guidelines for Examination

 
 
Table of Contents - Guidelines for Examination
Part E Guidelines on General Procedural Matters
Chapter III – Taking and conservation of evidence
2. Conservation of evidence
2.3 Competence
2.3
Competence 

The decision on the request and any resulting taking of evidence are incumbent upon the department of the EPO required to take the decision liable to be affected by the facts to be established.

Rule 123(4)

Responsibility for the decision and the taking of evidence will therefore normally rest with:

(i)
the Examining Division, from the date of filing until the date of the decision on the granting of the patent; 
(ii)
the Opposition Division, from the latter date until expiry of the time allowed for filing notice of opposition and during opposition proceedings; and 
(iii)
the Board of Appeal, from the date of a final decision by the Opposition Division until it becomes legally binding or while appeal proceedings are pending. 
References

Rule 123(4)