European Patent Convention (EPC 1973)

Rule 71a 105 Preparation of oral proceedings

Art. 114, 116

(1)106 When issuing the summons, the European Patent Office shall draw attention to the points which in its opinion need to be discussed for the purposes of the decision to be taken. At the same time a final date for making written submissions in preparation for the oral proceedings shall be fixed. Rule 84 shall not apply. New facts and evidence presented after that date need not be considered, unless admitted on the grounds that the subject of the proceedings has changed.

(2) If the applicant or patent proprietor has been notified of the grounds prejudicing the grant or maintenance of the patent, he may be invited to submit, by the date specified in paragraph 1, second sentence, documents which meet the requirements of the Convention. Paragraph 1, third and fourth sentences, shall apply mutatis mutandis.

105 Inserted by decision of the Administrative Council of 13.12.1994 which entered into force on 01.06.1995 (OJ EPO 1995, 9 ff).

106 See decision of the Enlarged Board of Appeal G 6/95 (Annex I).