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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.
Rule 123(1)Rule 117
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.
Rule 123(1)Rule 118(2)Rule 119(3)