GL C VII 4.3 Written evidence

Written evidence could include the supply of information, or the production of a document or of a sworn statement. To take some examples:

To rebut an allegation by the examiner of lack of inventive step, applicants might supply information as to the technical advantages of the invention.

GL C VII 4.2 Producing evidence

An examining division would not, as a general rule, require evidence to be produced. The primary function of the examiner in proceedings before grant is to point out to the applicant any ways in which the application does not meet the requirements of the EPC. If the applicant does not accept the view of the examiner, then it is for the applicants to decide whether they wish wishes to produce evidence in support of their case and, if so, what form that evidence should take.

GL C VII 4.1 General remark

The general considerations relating to the taking of evidence are set out in E‑IV. This section deals only with the kind of evidence most likely to arise in pre-grant proceedings, viz. written evidence.

GL C VII 4 Taking of evidence

4.1 General remark

4.2 Producing evidence

4.3 Written evidence

GL C VII 3.3 Inclusion in the file of any email exchange

If email is used, it is essential to ensure that the exchange of emails is properly documented in the file. This should be done by sending the result of the consultation to the applicant for information with no time limit.

GL C VII 3.2 Confidentiality

For non-published applications, confidentiality issues should be carefully considered and substantive matters should not form part of any email correspondence concerning such applications.

GL C VII 3.1 Initiation of exchanges by email

Except in cases where it is a valid filing means (see C-VII, 3, and E-III, 8.5.2), neither the examiner nor the applicant should use email without having previously agreed to this, e.g. during a consultation.

GL C VII 3 Use of email

At present, email is an admissible filing means only for the submission of subsequently filed documents as referred to in Rule 50 EPC during consultations and during oral proceedings held by videoconference (for details, in particular on signature and format of attachments, see the Decision of the President of the EPO dated 13 May 2020, OJ EPO 2020, A71 and

GL C VII 2.5 Minutes as the first communication in examination

A consultation may be used as the first action in examination provided that:

– minutes are issued;

– the minutes present the matters discussed with the same level of information and structure as an Art. 94(3) communication;

–

GL C VII 2.4 Minutes of a consultation

The minutes of a consultation should list the participants, summarise the main results and state any oral requests. They must be signed by the examiner.