GL E IV 1.11.2 Procedure

It is for the competent division to decide whether to take evidence by way of inspection of a model. If it considers this to be necessary, it must take a decision in the form of an order to take evidence (see E‑IV, 1.4), setting out the relevant facts to be proved as well as the date, time and place of the inspection.

Where possible, the inspection is to be carried out on the premises of the EPO.

GL E IV 1.11.1 When may models be submitted?

The EPC makes no express provision for the submission of models, but there is nothing to stop a party from submitting one himself. Models are not part of the application or patent, and therefore cannot be used to disclose the invention (Art. 83).

Models may be useful in EPO proceedings if they serve to substantiate the patentability of an invention, e.g. by showing that a given device actually works or does so particularly advantageously.

GL E IV 1.11 Models

1.11.1 When may models be submitted?

1.11.2 Procedure

1.11.3 Keeping the model

GL E IV 1.10.3 Details of the entitlements of witnesses and experts

For the details governing the entitlements of witnesses and experts set out under E‑IV, 1.10.1, and E‑IV, 1.10.2, see OJ EPO 1983, 100. Payment of amounts due must be made by the EPO.[Rule 122(4); ]

GL E IV 1.10.2 Loss of earnings, fees

Witnesses entitled to reimbursement of travel and subsistence expenses are also entitled to appropriate compensation, by the EPO, for loss of earnings, and experts to fees from the EPO for their work (see E‑IV, 1.10.3). These payments must be made to the witnesses and experts after they have fulfilled their duties or tasks.[Rule 122(3); ]

GL E IV 1.10.1 Expenses for travel and subsistence

Witnesses and experts who are summoned by and appear before the EPO are entitled to appropriate reimbursement, by the EPO, of expenses for travel and subsistence (see E‑IV, 1.10.3). This applies equally to witnesses and experts who are summoned by and appear before the EPO in the course of oral proceedings held by videoconference for travel to the place where they make themselves available to appear before the EPO by videoconference (e.g.

GL E IV 1.10 Entitlements of witnesses and experts

1.10.1 Expenses for travel and subsistence

1.10.2 Loss of earnings, fees

1.10.3 Details of the entitlements of witnesses and experts

GL E IV 1.9 Costs arising from oral proceedings or taking of evidence

As a rule, the parties to proceedings before the EPO meet the costs they have incurred.

GL E IV 1.8.3 Terms of reference of the expert

The terms of reference of any expert must include: a precise description of their task, the period laid down for the submission of their opinion, the names of the parties to the proceedings and particulars of the rights which they may invoke under the provisions of Rule 122(2) to (4) (regarding travel and subsistence expenses and fees, see

GL E IV 1.8.2 Objection to an expert

The parties may object to an expert. Therefore, before commissioning an expert to make an opinion, the competent department informs the parties of the expert whom it intends to ask to draw up an opinion and of the subject-matter of the opinion. The communication to the parties states a time limit within which objections to the expert may be made. If the parties do object to an expert, the competent department will decide on the objection.[Rule 121(4); ]