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What is EPC 128?

This is Article 128 from the EPC (Europäisches Patentübereinkommen), which is part of the legal framework governing the Unified Patent Court in Europe.

EPC Article 128

Legal Text

Inspection of files

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, 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 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 Implementing Regulations.

Applied In

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Official Source

This legal text is from the official EPC framework governing the Unified Patent Court.

Reference: EPC 128 (Article 128)

Unified Patent Court Official Website