2.3 Competence 

The decision on the request and any resulting taking of evidence are a matter for the department of the EPO required to take the decision liable to be affected by the facts to be established.

This means that responsibility for the decision and the taking of evidence will normally lie with:

(i)the examining division in the period from the date of filing until the date of the decision on the granting of the patent 

(ii)the opposition division in the period from the date of the grant decision until expiry of the time allowed for filing notice of opposition and during opposition proceedings and 

(iii)the board of appeal in the period from the date of a final decision by the opposition division until it becomes legally binding or while appeal proceedings are pending.