X. MAINTENANCE OF FILES, FILE INSPECTION
X.1
PHOENIX electronic file system for the creation, maintenance and preservation of files
Decision of the President of the European Patent Office dated 12 July 2007 concerning use of the PHOENIX electronic file system for the creation, maintenance and preservation of files (OJ EPO 2007, Special edition No. 3, 121)
The President of the European Patent Office, having regard to Rule 147(2) EPC, has decided as follows:
Article 1
PHOENIX electronic file system
Files relating to European patent applications, and to international applications for which the European Patent Office (EPO) acts under the Patent Cooperation Treaty (PCT), shall be created, maintained and processed using the EPO's electronic file system, PHOENIX.
Article 2
Preservation of electronic files and of original documents
(1) The electronic files created pursuant to Article 1 shall be stored on two different electronic media for the entire period under Rule 147(4) and (5) EPC or Rule 93.1 and 93.3 PCT, as applicable.
(2) The original documents, whether making up the application or subsequently filed, shall be preserved until further notice.
Article 3
Previous decision superseded
On the entry into force of this decision, the decision dated 14 May 1998 concerning phased implementation and use of the PHOENIX electronic file system for the creation, maintenance, preservation and inspection of files (OJ EPO 1998, 360) shall cease to apply.
Article 4
Entry into force
This decision shall enter into force upon the entry into force of the revised text of the Convention in accordance with Article 8 of the Revision Act.
Done at Munich, 12 July 2007
Alison BRIMELOW
President
X.2
Inspection of files
Decision of the President of the European Patent Office dated 12 July 2007 on the inspection of files (OJ EPO 2007, Special edition No. 3, 123)
The President of the European Patent Office, having regard to Article 128(4) and Rule 145(2) EPC and to Rule 94.3 PCT, has decided as follows:
Article 1
Online file inspection
(1) The files relating to European patent applications and granted patents, and to international applications under the PCT for which the European Patent Office acts as a designated or elected Office, shall be available for inspection free of charge via the Register Plus online service. The European Patent Office shall provide computers for online file inspection on its premises.
(2) After the introduction of free online file inspection, as a rule it will no longer be possible to inspect paper files on the premises of the European Patent Office.
(3) If inspection is requested of a file not yet stored in electronic form, as a rule the file will be made available online within ten working days of entry of the application or publication number, unless it has already been destroyed (Rule 147 EPC). Entering a valid application or publication number is equivalent to requesting a file inspection. There is no need for a separate written request.
(4) Paragraph 3 shall not apply to files for which oral proceedings are imminent or have recently taken place.
(5) Files or parts thereof that are not scannable shall be made available for inspection in their original form or as filed. They shall be made thus available on the premises of the European Patent Office.
Article 2
File inspection on paper copies
(1) File inspection on paper copies shall be available on request. If it is requested, an administrative fee shall be payable in advance. The request shall not be deemed to have been made until the administrative fee has been paid.
(2) If more than 100 pages have to be produced, the EPO will normally provide only an electronic storage medium holding a copy of the file. If paper copies are expressly requested instead, an additional fee for each page in excess of 100 shall be charged. The invoice for the additional administrative fee shall be sent together with the file inspection documents.
(3) On request, the European Patent Office shall certify the paper copies made available under paragraph 1. The certification request shall not be deemed to have been made until the administrative fee for it has been paid.
(4) It will normally take at least four weeks for the requested electronic storage media or paper copies to be made available.
Article 3
Previous decisions superseded
On the entry into force of this decision, the decision of the President of the European Patent Office dated 6 June 2003 on the inspection of files (OJ EPO 2003, 370) shall cease to apply.
Article 4
Entry into force
This decision shall enter into force upon the entry into force of the revised text of the Convention in accordance with Article 8 of the Revision Act.
Done at Munich, 12 July 2007
Alison BRIMELOW
President
X.3
Documents excluded from file inspection
Decision of the President of the European Patent Office dated 12 July 2007 concerning documents excluded from file inspection (OJ EPO 2007, Special edition No. 3, 125)
The President of the European Patent Office, having regard to Article 128(4) and Rule 144(d) EPC, has decided as follows:
Article 1
Documents excluded from file inspection
(1) The following shall be excluded from file inspection by the Office of its own motion:
(a) medical certificates;
(b) documents relating to the issue of priority documents, file-inspection proceedings or the communication of information from the files, and requests for exclusion from inspection under paragraph 2(a);
(c) requests for accelerated search and accelerated examination under the "PACE" programme, if they are submitted using EPO Form 1005 or in a separate document.
(2) Documents or parts thereof other than those referred to in paragraph 1
(a) shall be excluded from file inspection at the reasoned request of a party or his representative if their inspection would be prejudicial to the legitimate personal or economic interests of natural or legal persons;
(b) may, exceptionally, be excluded from file inspection by the Office of its own motion if their inspection would be prima facie prejudicial to the legitimate personal or economic interests of natural or legal persons other than a party or his representative.
(3) Documents covered by a request under paragraph 2(a) shall be excluded from file inspection provisionally, pending a final decision on the request. If the request is not granted, they shall be open for inspection as soon as the decision refusing it becomes final.
Article 2
Entry into force
This decision shall enter into force upon the entry into force of the revised text of the Convention in accordance with Article 8 of the Revision Act, and supersedes the decision of the President of the European Patent Office dated 7 September 2001 (OJ EPO 2001, 458). Paragraph 1(c) of Article 1 shall apply to PACE requests received by the EPO on or after 3 December 2001.
Done at Munich, 12 July 2007
Alison BRIMELOW
President