R.118 EPC Summons to give evidence before the European Patent Office

(1)

A summons to give evidence before the European Patent Office shall be issued to the parties, witnesses or experts concerned.

(2)

At least two months' notice of a summons issued to a party, witness or expert to testify shall be given, unless they agree to a shorter period. The summons shall contain:

(a)

an extract from the decision under Rule 117, indicating the date, time and place of the investigation ordered, specifying whether it will be conducted by videoconference and stating the facts in respect of which parties, witnesses or experts are to be heard;

(b)

the names of the parties and particulars of the rights which the witnesses or experts may invoke under Rule 122, paragraphs 2 to 4;

(c)

an indication that a party, witness or expert who has been summoned to appear before the European Patent Office on its premises may, at his request, be heard by videoconference;

(d)

(c) an indication that the party, witness or expert may request to be heard by a competent court of his country of residence under Rule 120, and an invitation to inform the European Patent Office, within a period to be specified, whether he is prepared to appear before it.

[ Art. 117 131 R. 120 ]

Amended by decision of the Administrative Council CA/D 12/20 20 of 15.12.2020 (OJ EPO 2020, A132), which entered into force on 01.01.2021.

Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/r118.html

Date retrieved: 17 May 2021

30 references found.

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EPC Articles

X A.117 EPC Means and taking of evidence

X A.131 EPC Administrative and legal co-operation

EPC Implementing Rules

X Chapter III Oral proceedings and taking of evidence

X R.109 EPC Procedure in dealing with petitions for review

X R.117 EPC Decision on taking of evidence

X R.120 EPC Hearing by a competent national court

X R.122 EPC Costs of taking of evidence

EPO Guidelines - E General Procedural Matters

X GL E IV 1.3 Taking of evidence

X GL E IV 1.5 Summoning of parties, witnesses and experts

X GL E IV 2.4 Decision on the request and the taking of evidence

Offical Journal of the EPO

X OJ EPO SE 1/2021, p81 - VI.2 - Transfer of functions to the Registrars of the Boards of Appeal

X OJ EPO SE 1/2021, p78 - VI.1 - Transfer of tasks to the Registry of the Enlarged Board of Appeal

X OJ EPO SE 1/2021, p41 - III.2 - Rules of Procedure of the Boards of Appeal 2020 [ 1 ]

X OJ EPO 2021, A1 - Report on the 164th and 165th meetings of the Administrative Council of the European Patent Organisation (13 October and 15 and 16 December 2020 respectively)

X OJ EPO SE 1/2020, p82 - VI.2 - Transfer of functions to the Registrars of the Boards of Appeal

X OJ EPO SE 1/2020, p79 - VI.1 - Transfer of tasks to the Registry of the Enlarged Board of Appeal

X OJ EPO 2020, A135 - Notice from the European Patent Office dated 17 December 2020 concerning the taking of evidence by videoconference by examining and opposition divisions

X OJ EPO 2020, A132 - Decision of the Administrative Council of 15 December 2020 amending Rules 117 and 118 of the Implementing Regulations to the European Patent Convention ( CA/D 12/20 )

X OJ EPO SE 1/2019, p64 - VI.2 - Transfer of functions to the Registrars of the Boards of Appeal

X OJ EPO SE 1/2019, p61 - VI.1 - Transfer of tasks to the Registry of the Enlarged Board of Appeal

X OJ EPO SE 1/2018, p65 - VI.2 - Decision of the Presidium of the Boards of Appeal dated 12 November 2007 concerning the transfer of functions to the Registrars of the Boards of Appeal

X OJ EPO SE 1/2018, p62 - VI.1 - Decision of the Enlarged Board of Appeal dated 12 November 2007 concerning the transfer of tasks to the Registry of the Enlarged Board of Appeal

X OJ EPO SE 1/2017, p66 - VI.2 - Decision of the Presidium of the Boards of Appeal dated 12 November 2007 concerning the transfer of functions to the Registrars of the Boards of Appeal

X OJ EPO SE 1/2017, p63 - VI.1 - Decision of the Enlarged Board of Appeal dated 12 November 2007 concerning the transfer of tasks to the Registry of the Enlarged Board of Appeal

X OJ EPO 2010, 377 - Notice from the European Patent Office dated 10 June 2010 concerning enclosure of a standard acknowledgement of receipt (EPO Form 2936) in the case of notifications by registered letter with advice of delivery

Case Law Book: III Amendments

X CLR III G 2.2.1.E Hearing a witness before a national court

X CLR III G 3.3 Right to be heard

General Case Law

X T 1676/08 (Controlled release oxycodone compositions/THE PURDUE PHARMA COMPANY) of 9.3.2012

X T 2003/08 (Dilated cardiomyopathy/EDWARDS) of 31.10.2012

X T 0401/12 () of 8.11.2017