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ARTICLE · 27 JANUARY 2021

EPO Allows A New Form Of Evidence

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On December 15, 2020, the European Patent Office issued a decision on a new admissible form of evidence in patent proceedings, which entered into force on January 1, 2021.

PolandIntellectual Property
Piotr Godlewski
Piotr Godlewski

On December 15, 2020, the European Patent Office issued a decision on a new admissible form of evidence in patent proceedings, which entered into force on January 1, 2021. In a world dominated by a pandemic, where traveling is difficult, and ecological issues arise (e.g. the carbon footprint of every traveler), the EPO decision is considered to be very reasonable and welcomed.

According to previous Rule 117 of Implementing Regulations of EPC, when the European Patent Office considers necessary to hear a party, witness, or expert, or to carry out an inspection, it shall take a decision, setting out the investigation to be carried out, relevant facts to be proved and to set out the date, time and place of the investigation. If the hearing of a witness or expert is requested by a party, the decision shall specify the period within which the requester must make known the name and address of any witness or expert concerned. In the light of previous Rule 118, at least

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