Ancillary Regulations Part II

Rule 95a(1) OJ 1990, 365: Notice of the European Patent Office dated 1 June 1990 concerning the keeping of files relating to European patent applications and patents

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Table of Contents

Foreword

Ancillary Regulations

Part II

Rule 95a(1)

Rule 95a(1) OJ 1990, 365: Notice of the European Patent Office dated 1 June 1990 concerning the keeping of files relating to European patent applications and patents

Rule 94 OJ 2003, 373: Notice from the European Patent Office dated 6 June 2003 concerning the inspection of files

Rule 95a(1) OJ 1998, 360: Decision of the President of the European Patent Office dated 14 May 1998 concerning phased implementation and use of the PHOENIX electronic file system for the creation, maintenance, preservation and inspection of files

Rule 95a(1) - OJ 1990, 365

Notice of the European Patent Office
dated 1 June 1990 concerning the keeping of files
relating to European patent applications and patents

- OJ 1990, 365 -

1.	According to Rule 95a(1) EPC the European Patent Office shall keep files relating to European patent applications and European patents for at least five years from the end of the year in which:

(a)

the application is rejected or withdrawn or is deemed to be withdrawn;

(b)

the patent is revoked pursuant to opposition proceedings, or

(c)

the patent lapses in the last of the designated States.

According to Rule 95a(2) EPC, files shall not be destroyed, before those divisional applications or new applications in the name of the entitled person under Article 61(1)(b) EPC deriving therefrom have been destroyed.

2.	Files in which appeal or opposition proceedings have taken place, shall not be destroyed before 25 years after the date of filing.

3.	The entries in the Register of European Patents relating to applications and patents that have been destroyed will not be affected. However, the fact that the files have been destroyed will not be recorded.

After a file has been destroyed, any requests for inspection of the file (Article 128, Rule 94 EPC) or for information contained in the file (Rule 95 EPC) can only meet with the response that the period for keeping the files has expired and it has therefore been destroyed. Fees in respect of requests for inspection of files received after the files have been destroyed will be refunded since there is no longer any legal basis for payment.

5.	This notice replaces the notice of the European Patent Office dated 13 February 1989 concerning the destruction of files relating to European patent applications and patents, OJ EPO 1989, 181.