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Rule 93 – Parts of the file not for inspection

Rule 93
Parts of the file not for inspection

A revised version of the European Patent Convention entered into force on 13 December 2007. The provisions of the revised Convention apply unless the transitional provisions provide for the applicability of the EPC 1973.

The parts of the file which shall be excluded from inspection pursuant to Article 128, paragraph 4, shall be:

(a) the documents relating to the exclusion of or objections to members of the Boards of Appeal or of the Enlarged Board of Appeal;

(b) draft decisions and opinions, and all other documents, used for the preparation of decisions and opinions, which are not communicated to the parties;

(c) 135 the designation of the inventor, if he has waived his right to be mentioned under Rule 18, paragraph 1;

(d) 136 any other document excluded from inspection by the President of the European Patent Office on the ground that such inspection would not serve the purpose of informing the public about the European patent application or the resulting patent.

135Amended by decision of the Administrative Council of 13.10.1999 which entered into force on 01.03.2000 (OJ EPO 1999, 660 ff).

136See decision of the President of the EPO dated 07.09.2001 concerning documents excluded from file inspection (OJ EPO 2001, 458 ff).

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  • EPC 1973EPC 2000
    R. 93 R. 144