Article 86 Obtaining evidence for proceedings under European Patent Convention

An application to the comptroller under section 1 of the Evidence (Proceedings in Other Jurisdictions) Act 1975^f1, as applied by section 92 of the Act, for an order for evidence to be obtained in the United Kingdom shall be made ex parte on Patents Form 45/77 and shall be accompanied by an affidavit made by a person duly authorised in that behalf by the relevant convention court, evidencing that the request is made in pursuance of a request issued by or on behalf of that court and that the evidence to which the application relates is to be obtained for the purposes of civil proceedings before it.

After such an application as is mentioned in paragraph (1) above has been made, an ex parte application for a further order or directions in relation to the same matter may be made to the comptroller in writing.

The comptroller may allow an officer of the European Patent Office to attend the hearing of such an application as is mentioned in paragraph (1) above and examine the witnesses or request the comptroller to put specified questions to them.