Guidelines for Examination
PART E
CHAPTER IV TAKING AND CONSERVATION OF EVIDENCE
2. Conservation of evidence
2.4 Decision on the request and the taking of evidence
 

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PART E
CHAPTER IV TAKING AND CONSERVATION OF EVIDENCECHAPTER IV TAKING AND CONSERVATION OF EVIDENCE
2. Conservation of evidence2. Conservation of evidence
  2.3 Competence2.3 Competence       
 

2.4

Decision on the request and the taking of evidence

 

The competent department must decide upon the request without delay. If it grants the request, it must also immediately make a decision on the taking of evidence.

 

Rule 75(1)

Rule 72(1)



The provisions with regard to the taking of evidence in proceedings before the EPO are applicable.

 

Rule 75(4)



The date on which the measures are to be taken must therefore be communicated to the applicant for or proprietor of the patent and the other parties in sufficient time to allow them to attend. They may ask relevant questions.

 

Rule 75(1)

Rule 72(2), (4)