Rule 98 - Inspection of files by or via courts or authorities of the Contracting States


 

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EUROPEAN PATENT CONVENTION- Table of Contents    
Implementing Regulations European Patent Convention Protocol on Recognition
PART VII - IMPLEMENTING REGULATIONS TO PART VII OF THE CONVENTION PART VI - IMPLEMENTING REGULATIONS TO PART VI OF THE CONVENTION PART VIII - IMPLEMENTING REGULATIONS TO PART VIII OF THE CONVENTION
Chapter IX - Legal and administrative co-operation Chapter VIII - Information to the public Chapter X - Representation
Rule 98 - Inspection of files by or via courts or authorities of the Contracting States Rule 97 - Communications between the European Patent Office and the authorities of the Contracting States Rule 99 - Procedure for letters rogatory

Rule 98

Inspection of files by or via courts or authorities of the Contracting States


(1) Inspection of the files of European patent applications or of European patents by courts or authorities of the Contracting States shall be of the original documents or of copies thereof; Rule 94 shall not apply.


(2) Courts or Public Prosecutors' Offices of the Contracting States may, in the course of their proceedings, communicate to third parties files or copies thereof transmitted to them by the European Patent Office. Such communications shall be effected in accordance with the conditions laid down in Article 128; they shall not incur the payment of the administrative fee.


(3) The European Patent Office shall, at the time of transmission of the files or copies thereof to the courts or Public Prosecutors' Offices of the Contracting States, indicate such restrictions as may, under Article 128, paragraphs 1 and 4, be applicable to the communication to third parties of files concerning a European patent application or a European patent.


 

Art. 131