European patent application - Inspection of files

According to Article 128  of the European Patent Convention (EPC)

(1)

Files relating to European patent applications which have not yet been published shall not be made available for inspection without the consent of the applicant. 

(2)

Any person who can prove that the applicant has invoked the rights under the European patent application against him may obtain inspection of the files before the publication of that application and without the consent of the applicant. 

(3)

Where a European divisional application or a new European patent application filed under Article 61, paragraph 1 (related to: European patent applications filed by non-entitled persons), is published, any person may obtain inspection of the files of the earlier application before the publication of that application and without the consent of the applicant.

(4)

After the publication of the European patent application, the files relating to the application and the resulting European patent may be inspected on request, subject to the restrictions laid down in the  EPC Implementing Regulations. 

(5)

Even before the publication of the European patent application, the European Patent Office may communicate to third parties or publish the particulars specified in the EPC Implementing Regulations.

Prepared by European Patent Registration and Consulting Services

www.european-patent-registration.com
de.linkedin.com/in/europeanpatentregistration