European Patent Office

Article 17

Citation: OJ EPO 2019, A17

Online publication date: 28.2.2019

EUROPEAN PATENT OFFICE
Information from the EPO

Decision of the President of the European Patent Office dated 20 February 2019 concerning online file inspection of documents contained in the file held by the EPO as receiving Office, International Searching Authority or Authority specified for supplementary search

The President of the European Patent Office, having regard to Article 30 PCT, Rule 94 PCT, Article 150(2) EPC, Article 128(4) EPC and Rule 145(2) EPC, has decided as follows:

Article 1

Online file inspection of PCT files1

The documents relating to international applications under the PCT contained in the file held by the European Patent Office as receiving Office, International Searching Authority or Authority specified for supplementary search shall be available for inspection free of charge via the European Patent Register.

Article 2

Availability of documents

Access will be provided to third parties after the international publication of the international application (Article 30 PCT in conjunction with Rule 94.1bis and ter PCT).

Article 3

Documents excluded from file inspection

The following will be excluded from file inspection:

(a) Any information that, as notified by the International Bureau, has been omitted from publication in accordance with Rule 48.2(l) PCT or from public access in accordance with Rule 94.1(d) or (e) PCT;

(b) Any documents excluded from file inspection under the European Patent Convention (Articles 150(2) and 128(4) EPC, Rule 144 EPC and decision of the President of the EPO dated 12 July 2007, Special edition No. 3, OJ EPO 2007, J.3.).

Article 4

File inspection on paper copies

The provisions of Articles 1(2), (3) and (5) and 2 of the decision of the President of the European Patent Office dated 20 February 2019 on the inspection of files (OJ EPO 2019, A16) apply.

Article 5

Previous decisions superseded

When this decision enters into force, the decision of the President of the EPO dated 14 February 2018 concerning the online file inspection of documents contained in the file held by the EPO as receiving Office, International Searching Authority or Authority specified for supplementary search (OJ EPO 2018, A14) will cease to have effect.

Article 6

Entry into force

This decision shall enter into force on 1 April 2019.

Done at Munich, 20 February 2019

António CAMPINOS

President

 

 

1 On the inspection of documents relating to international applications, including any document relating to the international preliminary examination, contained in the file held by the European Patent Office as designated or elected Office, see the notice from the European Patent Office in OJ EPO 2003, 382, and the decision of the President of the European Patent Office dated 20 February 2019 on the inspection of files (OJ EPO 2019, A16).