10.3 Subject-matter of minutes 

Minutes have an important function as evidence that the right to be heard has been respected (Art. 113(1)). They must contain the essentials of the oral proceedings and the relevant statements made by the parties, as well as any arguments relevant to the decision that are not in the parties' written submissions. However, the parties' arguments are dealt with in detail in the decision, and therefore are only briefly reported in the minutes.

If the applicant or one of the parties makes a drawing, e.g. on a white board to explain a technical point, and the division considers this important for the decision, there are the following possibilities to reflect this drawing in the minutes. The minute writer can capture an image of the drawing and attach it to the minutes. It may also be sufficient to verbally describe the drawing in the minutes.

Examples of relevant statements are, for example, new or amended procedural submissions or the withdrawal thereofof previous submissions, the fresh submission or the amendment or withdrawal of application documents, such as claims, description and drawings, and statements of surrender.

The essentials of the oral proceedings include new statements by the party or parties and by the member or members of the department concerning the subject-matter of the proceedings. In examination and opposition proceedings, the essentials are mainly new statements arguing for or against novelty, inventive step and other patentability criteria. However, the minutes are not expected to be an exhaustive record of everything that was said during the oral proceedings. Rather, they are limited to the essentials and are as brief and concise as possible.

Vague or general statements are to be avoided. Statements crucial to the decision must be correctly recorded. If there is any doubt, the recorded statements are read out to the parties concerned before the decision is taken and announced, but this is normally not necessary.

Requests from parties that specific statements be recorded are accepted if the statements form part of the essentials of the oral proceedings and are relevant for reaching the decision. Otherwise, they may be refused on the basis that it is not the function of the minutes to record statements that a party considers might be useful in subsequent proceedings. See E‑III, 10.2 for the language requirements.

If new facts or evidence are submitted during the oral proceedings, the minutes must make clear that the division has examined them under Art. 114(1). They must also indicate whether or not the division, after having heard the parties, subsequently disregarded them under Art. 114(2).

The minutes briefly summarise the following, where applicable:

(a)arguments relevant for the decision as submitted by the parties, which, if they are already known from the written procedure, can be referred to as such, 

(b)the substance of any new requests by the parties, preferably in the form of a brief statement referring to documents containing these requests, which must be attached to the minutes, and 

(c)objections, arguments and/or requests addressed to the parties by a member of the division, with the focus placed on points relevant for the decision, which are then dealt with in detail in the grounds for the decision. 

The minutes conclude by indicating the decision taken by the division or, if no final decision is taken, the outcome of the proceedings. This part is preceded by a record of the parties' final requests as described in point (b) above.

The minutes must also contain procedural information, such as how the proceedings are to be continued after closure of the oral proceedings or whether the public was excluded for the whole or part of the oral proceedings.

The structure of the minutes mirrors the course of the oral proceedings (see E‑III, 8 and sub-points).

If a decision is given (see E‑III, 9), it must be reproduced in the minutes.

The minutes with the result reached during the proceedings are communicated to the parties as soon as possible.