Upon receipt of letters rogatory from the EPO, the courts or other competent authorities of contracting states will undertake, on behalf of the EPO and within the limits of their jurisdiction, any necessary enquiries.[Art. 131(2); ]

GL E IV 3 Taking of evidence by courts or authorities of the contracting states

3.1 Legal co-operation

3.2 Means of giving or taking evidence

3.3 Letters rogatory

3.4 Procedures before the competent authority

3.5 Costs of taking evidence

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

The competent department must decide upon the request without delay.

GL E IV 2.3 Competence

The decision on the request and any resulting taking of evidence are incumbent upon the department of the EPO required to take the decision liable to be affected by the facts to be established.[Rule 123(4); ]

Responsibility for the decision and the taking of evidence will therefore normally rest with:

(i)the examining division, from the date of filing until the date

GL E IV 2.2 Request for the conservation of evidence

The request for the conservation of evidence must contain:[Rule 123(2); ]

(i)the name, address and nationality of the persons filing the request and the state in which their residence or principal place of business is located, in accordance with the provisions of Rule 41(2)(c);[

GL E IV 2.1 Requirements

On request, the EPO may, without delay, hear oral evidence or conduct inspections, with a view to conserving evidence of facts liable to affect a decision, where there is reason to fear that it might subsequently become more difficult or even impossible to take evidence. This could for example be the case where an important witness is about to emigrate to a distant country or where perishable matter, e.g. a food-stuff, is adduced as involving a use made accessible to the public.[Rule 123(1); ]

GL E IV 2 Conservation of evidence

2.1 Requirements

2.2 Request for the conservation of evidence

2.3 Competence

2.4 Decision on the request and the taking of evidence

GL E IV 1.12 Video recordings

A party to the proceedings may request that a video recording be shown at the oral proceedings. Such a request must include the recording as such as well as specifying the type of equipment needed.

If video recordings are submitted, the division decides whether showing them will assist the proceedings. Video data carriers are always kept if the division has looked at them.

GL E IV 1.11.3 Keeping the model

Even if the division does inspect the model, the EPO is not obliged to keep it. It is for the division to decide whether a model is to be kept by the EPO. However, as a general rule, models which would require special precautions or security measures if kept in the EPO are returned to the party.

The formalities officer is responsible for implementing the decision to keep or return the model. If the model is to be kept, the formalities officer notes this on a label on the file.

GL E IV 3.2 Means of giving or taking evidence

GL E IV 3.1 Legal co-operation