Guidelines for Examination
PART D
CHAPTER I GENERAL REMARKS
3. Territorial effect of the opposition
 

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PART D
CHAPTER I GENERAL REMARKSCHAPTER I GENERAL REMARKS
  2. Opposition after surrender or lapse2. Opposition after surrender or lapse     4. Entitlement to oppose4. Entitlement to oppose  
 

3.

Territorial effect of the opposition

 

The opposition applies to the European patent in all the Contracting States in which that patent has effect. Thus the opposition should formally be in respect of all the designated States. If an opposition is filed in respect of only some of the designated States it will be treated as if it were in respect of all the designated States.

 

Art. 99(2)



Nevertheless, the effect of an opposition may differ as between Contracting States. This may arise where the patent contains different claims for different Contracting States in accordance with Rule 16(2) or Rule 87, or where the claims must take account of different art under the provisions of Art. 54(3). Thus the patent may be differently amended in respect of different Contracting States and may be revoked in respect of one or more Contracting States and not in respect of others.