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Supplement to OJ 6/1991
Supplement to OJ 12/1991

    Pages 421-422

    Citation: OJ EPO 1991, 421

    Online publication date: 31.8.1991

    ADMINISTRATIVE COUNCIL
    Decisions of the Administrative Council

    Decision of the Administrative Council of 5 July 1991 amending the Implementing Regulations to the European Patent Convention

    THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,

    Having regard to the European Patent Convention (hereinafter referred to as "the Convention"), and in particular Article 33, paragraph 1(b), thereof, On a proposal from the President of the European Patent Office,

    HAS DECIDED AS FOLLOWS:

    Article 1

    The Implementing Regulations to the Convention shall be amended as follows:

    1. Rule 2, paragraph 6, shall read as follows:

    "(6) Statements by employees of the European Patent Office, by parties to the proceedings and by witnesses and experts, made in one of the official languages of the European Patent Office during oral proceedings shall be entered in the minutes in the language employed. Statements made in any other language shall be entered in the official language into which they are translated. Amendments to the text of the description or claims of a European patent application or European patent shall be entered in the minutes in the language of the proceedings "

    2. Rule 101 shall be amended as follows:

    2.1 Paragraph 1 shall read as follows:

    "(1) Representatives acting before the European Patent Office shall upon request file a signed authorisation within a period to be specified by the European Patent Office. The President of the European Patent Office shall determine the cases where an authorisation is to be filed. The authorisation may cover one or more European patent applications or European patents and shall be filed in the corresponding number of copies. Where the requirements of Article 133, paragraph 2, have not been satisfied, the same period shall be specified for the notification of the appointment of a representative and for the filing of the authorisation. "

    2.2 Paragraph 4 shall read as follows:

    "(4) If the authorisation is not filed in due time, any procedural steps taken by the representative other than the filing of a European patent application shall, without prejudice to any other legal consequences provided for in the Convention, be deemed not to have been taken "

    2.3 Paragraph 8 shall read as follows:

    "(8) If several representatives are appointed by a party, they may, notwithstanding any provisions to the contrary in the notification of their appointment or in the authorisation, act either jointly or singly."

    Article 2

    The President of the European Patent Office shall forward a certified copy of this decision to all Contracting States to the Convention

    Article 3

    This decision shall enter into force on 1 October 1991.

    Done at Munich, 5 July 1991

    For the Administrative Council

    The Chairman

    JEAN-CLAUDE COMBALDIEU

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