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To adapt to the entry into force on 1 January 2001 of the Law of Administrative Proceedings, the IPO, on 31 October 2000, announced amendments to its Regulations Governing Patent File History Checks. The main points of the amendments are as follows:
Relevant wordings are amended to make the regulations internal rules of the IPO applicable to its patentee examiners.
Under the old regulations, access to files of an opposition or a cancellation case was in prin-ciple allowed only after a decision had been irrevocably rendered for the case concerned (including the conclusion of all administrative appeals and administrative suits arising out of the case). The above limitation on the timing of access to files had no basis in law and thus has been deleted.
Under the old regulations, access to files was limited in principle to one hour for each time. To accommodate actual operating conditions, a provision is added so that, with legitimate grounds, the time may be extended by 30 minutes with a consent from the IPO.
