1. General 

After a European patent application has been published, any person may inspect and obtain information from the files relating to the application and the resultant European patent. Similarly, anybody may request the issue of a sample of biological material in accordance with Rule 33 (see A‑IV, 4.4).

The provisions governing file inspection are contained in Art. 128 and Rules 144 and 145 (see A‑XI, 2); those governing communication of information are contained in Rule 146 (see A‑XI, 3). For international (PCT) applications, see E‑IX, 2.10. The European Patent Register, containing the particulars specified in Rule 143 and accessible free of charge, can be consulted to ascertain the state of the proceedings and the legal status of patent rights. It also provides access to the files of published European patent applications and patents for inspection (see A‑XI, 4). The inspection of paper files on the premises of the European Patent Office was discontinued in 2007.

On request, the EPO issues certified copies of documents contained in the files or of other documents (see A‑XI, 5).

Any fees payable for any of the above services are laid down by the President under Art. 3(1) RFees and are regularly published in the Official Journal. See also the schedule of fees and expenses on the EPO website (epo.org).

An administrative fee, if any, falls due when the request is received. For certain services no fee is due, provided that the request is made using MyEPO Portfolio (see the decision of the President of the EPO dated 25 January 2024 revising the Office's fees and expenses, OJ EPO 2024, A5). The methods of payment and the date on which payment is deemed made are dealt with in the Rules relating to Fees (see A‑X, 2 and 4). Where the administrative fee has been duly paid, it will not be refunded (see A‑X, 10.1).