2.6 Real-time interaction on a document – shared area

MyEPO Portfolio provides a secure space where the first member and applicant can jointly edit an uploaded document during a consultation, facilitating discussions on how to amend the application documents to overcome objections (see OJ EPO 2023, A59). Both the applicant and the examiner can upload documents to the shared area and make changes prior to and in preparation for the consultation. The shared area provides access to the latest version of the text, enabling real-time interaction between both sides while maintaining confidentiality. After the consultation, the relevant parts of the final document in the shared area will be cited in or annexed to the minutes (see C‑VII, 2.4).

Changes made by the examiner are merely suggestions to assist the applicant and are not binding (B‑XI, 3.8). The responsibility for determining the text of an application and defining the subject-matter for which protection is sought remains with the applicant (Art. 113(2)).

Documents uploaded to or jointly edited in the shared area are not deemed to have been filed with or notified by the EPO. Amended documents may be formally submitted via the EPO's online filing tools or, if submitted during the consultation, via email (C‑VII, 3). Alternatively, the examiner may propose the agreed amendments in a subsequent communication under Rule 71(3) (see C‑V, 1.1).

The legal and procedural framework for consultations involving the use of the shared area remains the same as that applicable to all personal consultations (see C‑VII, 2.1 to C-VII, 2.5). In particular, any agreement reached is ultimately subject to the views of the other members of the examining division, and any changes and statements made before and during a consultation must be confirmed in writing to be procedurally effective. Otherwise, they are not legally binding and not effective for meeting a time limit.