7.10. Minutes of oral proceedings (Rule 124 EPC)
According to R. 124(1) EPC, minutes of oral proceedings and of the taking of evidence shall be drawn up, containing the essentials of the oral proceedings or of the taking of evidence, the relevant statements made by the parties, the testimony of the parties, witnesses or experts and the result of any inspection. According to Art. 12(1)(a) RPBA 2020 the appeal proceedings shall be based on the decision under appeal and minutes of any oral proceedings before the department having issued that decision.
- T 1891/20
If a party considers that the "essentials of the oral proceedings" or "relevant statements" within the meaning of Rule 124(1) EPC are incorrect or missing in the minutes of oral proceedings, they must file a request for correction of the minutes in the shortest time possible after their receipt. This ensures that the relevant facts and submissions are still fresh in the minds of the members of the deciding body and, if applicable, the other party or parties (Reasons 9.2). Waiting for the written decision before submitting a request for correction of the minutes is incompatible with a party's obligation to request correction of the minutes in the shortest time possible after their receipt (Reasons 9.3).
- Annual report: case law 2022
- Summaries of decisions in the language of the proceedings