If there are no deficiencies of the type referred to in IV, 1.4.1, but a notice of opposition which is deemed to have been filed reveals deficiencies under the terms of Rule 56(1) (see IV, 1.2.2.1) which may no longer be remedied and which have not been communicated to the opponent in accordance with IV, 1.3.2 (because the opposition period has already expired), the formalities officer must, by virtue of Art. 113(1), notify the opponent of these deficiencies, allowing him time in which to submit comments (normally two months), and point out to him that the notice of opposition is likely to be rejected as inadmissible.

If the opponent does not refute the opinion expressed by the formalities officer on the existence of deficiencies which may no longer be corrected or has failed to remedy in good time deficiencies which may be corrected (Rule 56(2)) and which were communicated to him pursuant to IV, 1.3.2, the formalities officer will reject the notice of opposition as inadmissible, except in the case mentioned in IV, 1.2.2.1(v) (for which the Opposition Division is competent to decide, see the Notice from the Vice-President of the Directorate-General 2 of the EPO concerning the entrustment to non-examining staff of certain duties normally the responsibility of the examining or opposition divisions, dated 28 April 1999, OJ 7/1999, 503). As regards the form of the decision, see E-X, 4 and 5.

In all other cases the formalities officer will submit the opposition documents to the directorate responsible for the European patent in suit (for designation of an Opposition Division, see IV, 2).

The decision declaring the opposition inadmissible under Rule 56(1) or 56(2) can be taken without the participation of the proprietor of the patent in accordance with Rule 56(3). However, for reasons of procedural economy, the substantive examination is in fact initiated if at least one further admissible opposition is pending. The proprietor of the patent may also comment on the admissibility of the former opposition in the course of that examination.

When the decision declaring the opposition inadmissible has become final the opponent concerned is no longer a party to the proceedings.