According to Art. 38, the international preliminary examination is confidential. This means that, for example, the written opinions are not open to public inspection until establishment of the IPER.
Without the applicant’s authorisation, the IB and the EPO as IPEA may not allow access to the file of the international preliminary examination by third parties, except by the elected Offices once the IPER has been established.[Art. 38; Rule 94.2; GL/ISPE 3.26; ]
Once the IPER has been established and transmitted to the IB, the latter sends a copy of the IPER, together with its translation (as prescribed) and its annexes (in the original language), to each elected Office. As from that time, the IB, on behalf of the EPO as elected Office, also furnishes copies of the IPER to anyone who requests them. [Art. 36(3); Rule 73.2; Rule 94.1(c); ]
Once the IPER has been established, at the request of any elected Office, the EPO as IPEA will provide access to any document contained in its file, except to any information in respect of which it has been notified by the IB that the information has been omitted from publication in accordance with Rule 48.2(l) or from public access in accordance with Rule 94.1(d) or (e).[Rule 94.2(b); (c); ]
Provided international publication has taken place, once the IPER has been established, third parties may access the file of the international preliminary examination via those elected Offices whose national law allows access by third parties to the file of a national application (see also GL/EPO E-IX, 2.10). Such access may be allowed to the same extent as provided by the national law for access to the file of a national application. [Rule 94.3; ]
Date retrieved: 24 November 2017
8 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
EPO Guidelines - E General Procedural Matters
EPO PCT GL - C Procedureal Aspects Chapter II
XA.36 PCT Transmittal, Translation, and Communication, of the International Preliminary Examination Report
PCT Implementing Rules
XR.73 PCT Communication of the International Preliminary Examination Report or the Written Opinion of the International Searching Authority