Guidelines for Examination
PART D
CHAPTER III OPPOSITION
6. Content of the notice of opposition
 

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PART D
CHAPTER III OPPOSITIONCHAPTER III OPPOSITION
  5. Grounds for opposition5. Grounds for opposition       
 

6.

Content of the notice of opposition

 

The notice of opposition must contain:

 

(i)

the name and address of the opponent and the State in which his residence or principal place of business is located. Names of natural persons must be indicated by the person's family name and given name(s), the family name being indicated before the given name(s). Names of legal entities, as well as companies considered to be legal entities by reason of the legislation to which they are subject, must be indicated by their official designations. Addresses must be indicated in such a way as to satisfy the customary requirements for prompt postal delivery at the indicated address. They should in any case comprise all the relevant administrative units including the house number, if any. It is recommended that the telephone and facsimile number be indicated (see IV, 1.2.2.2(i), and IV, 1.4.2);

 

Rule 55(a)



(ii)

the number of the European patent against which opposition is filed, the name of the proprietor and the title of the invention (see IV, 1.2.2.2(ii), and IV, 1.4.2);

 

Rule 55(b)



(iii)

a statement of the extent to which the European patent is opposed and of the grounds on which the opposition is based as well as an indication of the facts, evidence and arguments presented in support of these grounds (see IV, 1.2.2.1(iii), (iv), (v), and IV, 1.4.2). However, in order to streamline opposition procedure it is recommended that written evidence be submitted in two copies as soon as possible and ideally with the notice of opposition (see IV, 1.2.2.1(v), last two paragraphs);

 

Rule 55(c)



(iv)

if the opponent has appointed a representative, his name and the address of his place of business in accordance with the provisions of sub-paragraph (i) as set out above (see IV, 1.2.2.2(iii), and IV, 1.4.2).

 

Rule 55(d)



IV, 1, sets out further details and explains how to deal with the opposition if one of these requirements is not fulfilled.