Pages 503-509

INFORMATION FROM THE EPO

Notices of the Vice-Presidents

Notice from the Vice-President Directorate-General 2 of the European Patent Office dated 28 April 1999 concerning the entrustment to non-examining staff of certain duties normally the responsibility of the examining or opposition divisions

This notice follows the notices of 15 June 1984 (OJ EPO 1984, 317 and 319) and 1 February 1989 (OJ EPO 1989, 178 and 179) which are revised as follows.

I. The notices concerning certain duties of the examining divisions shall read as follows:

1.-7. no change.

8. Decisions, and informing the person requesting the decision, under Rule 69(2) EPC.

9.-28. no change.

II. The notices concerning certain duties of the opposition divisions shall read as follows:

1.-3. no change.

4. Communications under Rule 69(1) and decisions, and informing the person requesting the decision, under Rule 69(2) EPC.

5.-23. no change.

24. deleted.

25.-26. no change.

These notices shall now read as follows:

I. Notice of the Vice-President of Directorate-General 2 of the EPO concerning the entrustment to formalities officers of certain duties normally the responsibility of the examining divisions of the EPO, dated 28 April 1999

By virtue of the powers transferred to me by order of the President of the EPO of 6 March 1979, under Rule 9(3) EPC the following provisions shall apply:

Within the framework of the responsibilities of the Examining divisions of the EPO, certain employees (formalities officers) who are not technically or legally qualified examiners shall be entrusted with the following duties normally the responsibility of the examining divisions:

1. Examination as to formal deficiencies under Article 91 EPC.

2. Examination of documents submitted under Rule 32(1) and (2), Rule 35(2) to (11) and (14) as well as Rule 36(2) to (4) EPC in so far as this is not covered in number 1 above.

3. Examination under Rule 104b(1) and (2) EPC.

4. Examination of duly-made appointments of representatives and authorisations as well as communications under Rule 101(4) EPC

5. Communications under Article 96(2) EPC in cases 1 to 4 referred to above.

6. Refusal of the European patent application in so far as this has to take place in cases 1 to 4 referred to above.

7. Communications concerning loss of rights under Rule 69(1) EPC.

8. Decisions, and informing the person requesting the decision, under Rule 69(2) EPC

9. Examination and communications under Rule 51(4), (6) to (10) EPC; extension of time limits under Rule 51(4); issuing decisions whereby European patents are granted (Rule 51(11) EPC).

10. Decisions on requests under Article 121 EPC in cases where

(a) the application is deemed withdrawn under Article 96(3) or Rule 51(8) EPC; or

(b) the application has been refused on grounds covered by points 6 or 21.

11. Decisions as to applications under Article 122(4) EPC where the application can be dealt with without further taking of evidence under Rule 72 EPC.

12. Request to the applicant to comment on an application for inspection of files under Article 128(1) EPC.

13. Allowing inspection of files in cases covered by Article 128(2) to (4) EPC and provision of information from the files under Rule 95 EPC.

14. Summons to oral proceedings under Rule 71(1) EPC following request by the examining division.

15. Summons to give evidence before the European Patent Office under Rule 72(2) EPC following request by the examining division.

16. Decision concerning notification under Article 119 in conjunction with Rules 77 ff EPC and examination of proof of notification.

17. Extension of a time limit under Rule 84 EPC.

18. Issue of a certificate for a European patent and issue of duplicate copies of the certificate under Rule 54 EPC.

19. Decision to consolidate a European patent application with a Euro-PCT application pursuant to Legal Advice No. 10/92 rev. (OJ EPO 1992, 662 - 670).

20. Correction of the designation of contracting states where the designation is withdrawn after a decision to grant a European patent and before the decision takes effect.

21. Refusal of European patent applications under Article 97(1), Rule 51(5), first sentence, EPC.

22. Decisions to refund fees, with the exception of the European search fee and the fee for appeal. The decision to refund the appeal fee shall be taken by the formalities officer where it is part of his duty to rectify the decision.

23. Decisions concerning the correction of errors in documents filed with the European Patent Office, with the exception of the description, claims and drawings (Rule 88 EPC).

24. - deleted -

25. Decisions of the European Patent Office as designated Office under Article 25(2)(a) of the Cooperation Treaty (Article 153(2) EPC).

26. Examination of an application for evidence to be taken under Rule 75(2)(a) and (b) and (3) EPC and notification that the taking of evidence has been ordered.

27.* Registering transfers and changes of name until such time when an adverse decision seems likely (Articles 71, 72 and 74, Rules 20 and 61 EPC; see OJ EPO 1987, 215).

28.^* Rectification of the designation of an inventor until such time when an adverse decision seems likely (Rule 19 EPC; cf. OJ EPO 1987, 215, 226 points 6.3 and 6.4).

II. Notice of the Vice-President of Directorate-General 2 of the EPO concerning the entrustment to formalities officers of certain duties normally the responsibility of the Opposition divisions of the EPO, dated 28 April 1999

By virtue of the powers transferred to me by order of the President of the EPO of 6 March 1979, under Rule 9(3) EPC the following provisions shall apply:

Within the framework of the responsibilities of the opposition divisions of the EPO, certain employees (formalities officers) who are not technically or legally qualified examiners shall be entrusted with the following duties normally the responsibility of the examining divisions:

1. Examination as to formal deficiencies, under Rule 32(1) and (2), Rule 35(2) to (11) and (14) and Rule 36(2) to (5) EPC on the basis of Rule 61a EPC, of the notice of opposition, the amendments of the European patent made by the proprietor and the documents filed.

2. Examination of duly-made appointments of representatives and authorisations as well as communications under Rule 101(4) EPC.

3. Communication of documents to the parties and invitation to state observations or to file documents in routine cases or on the instructions of the opposition division.

4. Communications under Rule 69(1) EPC and decisions, and informing the person requesting the decision, under Rule 69(2) EPC

5. Communication to the opponent concerning deficiencies under Rule 56(1) and (2) EPC.

6. Decisions in ex parte proceedings on the inadmissibility of the opposition and the intervention of the assumed infringer with the exception of the cases provided for in Rule 55(c) EPC.

7. Communications under Rule 58(4) and (5) EPC on the instructions of the opposition division and communications under Rule 58(6) EPC (see OJ EPO 1989, 1).

8. Issue of a decision on the maintenance of the European patent as amended under Article 102(3) EPC.

9. Issue of a new certificate for a European patent as amended under Rule 62a EPC and issue of duplicate copies of the certificate under Rule 54 EPC.

10. Revocation of the European patent in accordance with Article 102(4) EPC.

11. Revocation of the European patent in accordance with Article 102(5) EPC.

12. Decisions as to applications under Article 122(4) EPC when the application can be dealt with without further evidence being taken under Rule 72 EPC.

13. Granting of inspection of files in cases covered by Article 128(2) to (4) EPC and provision of information contained in the files under Rule 95 EPC.

14. Summons to oral proceedings under Rule 71(1) EPC following request by the opposition division.

15. Summons to give evidence before the European Patent Office under Rule 72(2) EPC following request by the opposition division.

16. Notification as required under Article 119 in conjunction with Rule 77 ff EPC and examination of proof of notification.

17. Extension of time limits under Rule 84 EPC.

18. - deleted -

19. Decisions concerning discontinuance of the opposition proceedings in cases covered by Rule 60 EPC where such proceedings are not continued by the opposition division of its own motion.

20. Decisions concerning the refund of fees, with the exception of the appeal fee.

21. Decisions concerning the correction of errors in documents filed with the European Patent Office with the exception of the description, claims and drawings (Rule 88 EPC).

22. Examination of an application for evidence to be taken under Rule 75(2)(a), (b) and (3) EPC and notification that the taking of evidence has been ordered.

23. Revocation of a European patent during opposition proceedings in accordance with Legal Advice No. 11/1982 (OJ EPO 1982, 57/58) where the patent proprietor states that he no longer approves the text in which the patent was granted and does not submit an amended text or where the proprietor requests that the patent be revoked.

24. - deleted -

25.^* Registering transfers and changes of name until such time when an adverse decision seems likely (Articles 71, 72 and 74, Rules 20 and 61 EPC; see OJ EPO 1987, 215).

26.^* Rectification of the designation of an inventor until such time when an adverse decision seems likely (Rule 19 EPC; see OJ EPO 1987, 215, 226, points 6.3 and 6.4).

III. Delegation of such a duty to an employee who is not a technically or legally qualified examiner shall not affect the competence of the examining or opposition division to take decisions itself.

M.F. VIVIAN

Vice-President