Chapter II – Information to the public or official authorities
Article 128
Inspection of files
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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. |
(1) The files relating to European patent applications, which have not yet been published, shall not be made available for inspection without the consent of the applicant.
(2) Any person who can prove that the applicant for a European patent has invoked the rights under the application against him may obtain inspection of the files prior to the publication of that application and without the consent of the applicant.
(3) Where a European divisional application or a new European patent application filed under Article 61, paragraph 1, is published, any person may obtain inspection of the files of the earlier application prior to the publication of that application and without the consent of the relevant applicant.
(4) Subsequent to the publication of the European patent application, the files relating to such application and the resulting European patent may be inspected on request, subject to the restrictions laid down in the Implementing Regulations.
(5) Even prior to the publication of the European patent application, the European Patent Office may communicate the following bibliographic data to third parties or publish them:
(a) the number of the European patent application;
(b) the date of filing of the European patent application and, where the priority of a previous application is claimed, the date, State and file number of the previous application;
(c) the name of the applicant;
(d) the title of the invention;
(e) the Contracting States designated.