Main Content

URL: Location: HomePatentsLawLegal texts

Guidelines for Examination in the EPO

Guidelines for Examination - Table of Contents  
PART E GUIDELINES ON GENERAL PROCEDURAL MATTERS PART D    
CHAPTER III ORAL PROCEEDINGS CHAPTER II PROCEDURE FOR AMENDMENTS TO DOCUMENTS CHAPTER IV TAKING AND CONSERVATION OF EVIDENCE  
10. Minutes of oral proceedings 9. Delivery of the decision    
10.1 Formal requirements   10.2 Subject-matter of minutes  

10.1

Formal requirements

 

Minutes of oral proceedings must be drawn up.

Rule 124(1)



The person conducting the proceedings must ensure that during the whole proceedings an employee is available to keep minutes. If necessary, during oral proceedings different employees may carry out the task of minute-writing in sequence. In this case it must be made clear in the minutes which section was drawn up by which employee. The employees are normally members of the competent department, e.g. the Examining or Opposition Division. The minutes are normally taken down by hand by the member of the Division charged with this task. Following the proceedings, the handwritten minutes are typed out.

 

The minutes must be signed by the employee responsible for drawing them up and by the employee who conducted the oral proceedings. The parties must be provided with a copy of the minutes. Copies must be notified to them as soon as possible after the oral proceedings.

Rule 124(3)

Rule 124(4)



Provided the parties have been informed, oral proceedings may be recorded on sound recording apparatus. However, no person other than an EPO employee is allowed to introduce any such apparatus into the hearing room (see Notice of the Vice-Presidents of the Directorates-General 2 and 3 dated 25 February 1986 concerning sound recording devices in oral proceedings before the EPO, OJ 2/1986, 63). The recording should be kept until the end of any possible proceedings. Copies of the recording will not be provided to the parties.

 

The minutes must first include the date of the proceedings, the names of the members of the department, e.g. the Opposition Division, present and the name or names of the minute-writer or writers. Minutes must also include the details referred to in III, 8.3.

 


Top . arrow top of page

© European Patent Office . Imprint . Terms of use . Last updated: 13.12.2007