Guidelines for Examination:PART D: CHAPTER IV PROCEDURE UP TO SUBSTANTIVE EXAMINATION, 1. Examination for deficiencies in the notice of opposition and communications from the formalities officer..., 1.2 Examination for deficiencies in the notice of opposition, 1.2.2.2 Deficiencies under Rule 56(2)

Guidelines for Examination
PART D
CHAPTER IV PROCEDURE UP TO SUBSTANTIVE EXAMINATION
1. Examination for deficiencies in the notice of opposition and communications from the formalities officer...
1.2 Examination for deficiencies in the notice of opposition
1.2.2.2 Deficiencies under Rule 56(2)

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PART D
CHAPTER IV PROCEDURE UP TO SUBSTANTIVE EXAMINATION
1. Examination for deficiencies in the notice of opposition and communications from the formalities officer...
1.2 Examination for deficiencies in the notice of opposition
1.2.2 Deficiencies which, if not remedied, lead to the opposition being rejected as inadmissible

1.2.2.1 Deficiencies under Rule 56(1)

1.2.2.2

Deficiencies under Rule 56(2)

The following deficiencies fall within this category:

(i)	the notice of opposition does not state the name and address of the opponent and the State in which his residence or principal place of business is located in the prescribed manner (see III, 6(i));

Rule 55(a)

(ii)	the number of the European patent against which the opposition is filed or the name of the proprietor of the patent or the title of the invention is not indicated;

Rule 55 (b)

Each of the particulars listed in (ii) above must be supplied within the time limit set by the formalities officer (see IV, 1.3.2), even if the contested European patent may be identified by means of one of these or other particulars within the opposition period (see IV, 1.2.2.1(ii)). If the name of the proprietor of the patent as indicated by the opponent is not the same as that recorded in the Register, the formalities officer will inform the opponent of the proprietor's correct name.

(iii)

where the opponent has appointed a representative, the name or the address of the place of business of such representative is not indicated in the notice of opposition in the prescribed manner (see III, 6(iv));

Rule 55(d)

(iv)

the opponent has neither his residence nor his principal place of business in one of the Contracting States (Art. 133(2)) and has not communicated the appointment of a professional representative (Art. 134). In the communication requesting him to remedy such deficiency the opponent must also be asked to arrange for the signature or approval of the notice of opposition by the representative to be appointed; and

(v)	the notice of opposition fails to satisfy further formal requirements other than those mentioned in Rule 56(1). For instance, it may fail to comply with the provisions of Rule 36(2) without due justification.

Rule 61a