(1) The European Patent Office shall constitute, maintain and preserve files relating to all European patent applications and patents.
149 Rule 147, paragraphs 1-3, amended by decision of the Administrative Council CA/D 10/15 of 14.10.2015 (OJ EPO 2015, A83), will enter into force on 01.11.2016.
The President of the European Patent Office shall determine all necessary technical and administrative arrangements relating to the management of electronic files according to paragraph 1.
(2) The President of the European Patent Office shall determine the form in which these files shall be constituted, maintained and preserved.
150 Rule 147, paragraphs 1-3, amended by decision of the Administrative Council CA/D 10/15 of 14.10.2015 (OJ EPO 2015, A83), will enter into force on 01.11.2016.
Documents incorporated in an electronic file shall be considered to be originals. The initial paper version of such documents shall only be destroyed after expiry of at least five years. This preservation period starts at the end of the year in which the document was incorporated in the electronic file.
(3) Documents incorporated in an electronic file shall be considered to be originals.
151 Rule 147, paragraphs 1-3, amended by decision of the Administrative Council CA/D 10/15 of 14.10.2015 (OJ EPO 2015, A83), will enter into force on 01.11.2016.
the patent or the corresponding protection under Article 63, paragraph 2, lapses in the last of the designated States.
Without prejudice to paragraph 4, files relating to applications which have given rise to divisional applications under Article 76 or new applications under Article 61, paragraph 1(b), shall be preserved for at least the same period as the files relating to any one of these last applications. The same shall apply to files relating to any resulting European patents.
See decision of the President of the EPO, Special edition No. 3, OJ EPO 2007, J.1.
See also the decision of the President of the EPO concerning the pilot project to introduce new means of electronic communication in EPO, OJ EPO 2015, A28.
Paragraphs 1-3 amended by decision of the Administrative Council CA/D 10/15 of 14.10.2015 (OJ EPO 2015, A83), entered into force on 01.11.2016.
Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/r147.html
Date retrieved: 30 December 2018
17 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
EPC Implementing Rules
EPO Guidelines - A Formalities Examination
Offical Journal of the EPO
XOJ EPO SE 1/2018, p81 - X.1 - PHOENIX electronic file system for the creation, maintenance and preservation of files
XOJ EPO SE 1/2017, p82 - X.1 - PHOENIX electronic file system for the creation, maintenance and preservation of files
XOJ EPO 2016, A90 - Notice from the European Patent Office dated 19 October 2016 concerning amended Rule 147 EPC
XOJ EPO 2015, A83 - Decision of the Administrative Council of 14 October 2015 amending Rule 147 of the Implementing Regulations to the European Patent Convention (CA/D 10/15)
XOJ EPO 2015, A28 - Decision of the President of the European Patent Office dated 11 March 2015 concerning the pilot project to introduce new means of electronic communication in EPO proceedings