Evidence and case files in inter partes proceedings before the Registrar

It has been our practice to store indefinitely all evidence and exhibits filed in inter partes and ex parte proceedings. But, as storage space is running out, we have reviewed our practice and introduced a file destruction policy.

Practitioners are reminded that large or bulky exhibits such as bottles, containers, clothes, hardware, advertising hoardings, etc, do not always need to be submitted. The same applies to sample products, particularly if the product is perishable, poisonous or hazardous. We can and do accept photographs of these items, which could be made available to anyone involved in the proceedings if required.

File destruction

With immediate effect, we will destroy any inter partes case (and its related evidence and exhibits) which has been closed for more than seven years. This will be regardless of whether the application/registration to which the proceedings relate is still 'live'.

Completion of proceedings

When proceedings have ended, we will store files for seven years. Parties can then, or at any time within the seven-year period, tell us if they wish to have evidence/exhibits returned to them at the end of that period. We will note the file accordingly and return evidence if requested.

If anyone who has filed evidence in inter partes cases that have been closed for over seven years wants their evidence/exhibits returned, please let us know by 28 February 2004.