5.081. May the designated Offices require further evidence during the national phase? Where the declaration in question is one of those referred to in Rule 4.17(i) to (iv), the designated Office may not require any document or evidence relating to the subject matter of such declaration unless it may reasonably doubt the veracity of that declaration. Where the declaration in question is that referred to in Rule 4.17(v), the designated Office may require further documents or evidence, noting that the matter of non-prejudicial disclosures and exceptions to lack of novelty is a substantive matter of patentability. It is to be noted that the fact that a declaration is made does not, of itself, establish the matters declared: those matters remain for determination by the designated Offices in accordance with the applicable national law.
Date retrieved: 02 November 2015