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...
1.3 Issue of communications by the formalities officer as a result of examination for deficiencies
1.3.3 Extent of the formalities officer's obligation to issue the above communications
 

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PART D
CHAPTER IV PROCEDURE UP TO SUBSTANTIVE EXAMINATIONCHAPTER IV PROCEDURE UP TO SUBSTANTIVE EXAMINATION
1. Examination for deficiencies in the notice of opposition and communications from the formalities officer...1. Examination for deficiencies in the notice of opposition and communications from the formalities officer...
1.3 Issue of communications by the formalities officer as a result of examination for deficiencies1.3 Issue of communications by the formalities officer as a result of examination for deficiencies
  1.3.2 Communication in the event of deficiencies as described in IV, 1.2.2, which, if not remedied, will...1.3.2 Communication in the event of deficiencies as described in IV, 1.2.2, which, if not remedied, will...       
 

1.3.3

Extent of the formalities officer's obligation to issue the above communications

 

Although the formalities officer is not obliged to do so, he should notify the opponent of deficiencies as described in IV, 1.2.1(i), (iii) and (iv), and IV, 1.2.2.1, in good time before the expiry of the time-limits within which it is still possible to remedy the deficiencies. However, the opponent can seek no legal remedy against failure to issue these communications, which should be regarded merely as a service afforded the opponent by the EPO so as largely to obviate any adverse legal consequences. Deficiencies as described in IV, 1.2.1(ii) and 1.2.2.2, must in any event be officially notified to the opponent, since this is a statutory requirement. Should this communication inadvertently be omitted notwithstanding deficiencies of this type in the notice of opposition, the opponent may submit the missing particulars on his own initiative at any time, even after the expiry of the opposition period without suffering adverse legal consequences.