This revised version of the Guidelines for Examination will apply as from 1 November 2015. Until then, the September 2014 edition of the Guidelines remains valid.

2.4 Decision on the request and the taking of evidence

The competent department must decide upon the request without delay. If it grants the request, it must also immediately make a decision on the taking of evidence.

The provisions with regard to the taking of evidence in proceedings before the EPO are applicable.

The date on which the measures are to be taken must therefore be communicated to the applicant for or proprietor of the patent and the other parties in sufficient time to allow them to attend. They may ask relevant questions.

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