Guidelines for Examination
PART D
CHAPTER IV PROCEDURE UP TO SUBSTANTIVE EXAMINATION
5. Preparation of substantive examination
5.6 Examination of the admissibility of an intervention and preparations in the event of an...
 

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PART D
CHAPTER IV PROCEDURE UP TO SUBSTANTIVE EXAMINATIONCHAPTER IV PROCEDURE UP TO SUBSTANTIVE EXAMINATION
5. Preparation of substantive examination5. Preparation of substantive examination
  5.5 Decision concerning the admissibility of an opposition, the proprietor of the patent being a...5.5 Decision concerning the admissibility of an opposition, the proprietor of the patent being a...       
 

5.6

Examination of the admissibility of an intervention and preparations in the event of an intervention

 

When examining whether an intervention is admissible, the formalities officer and the Opposition Division should proceed as for the examination as to admissibility of an opposition (see IV, 1, 3 and 5.5) but on the basis of the requirements for intervention under Art. 105.

 

Rule 57(4)



Rule 36(4) will apply in respect of the documents to be sent, in accordance with IV, 5.2 and 5.4, to the parties, including any third party who has validly intervened (see also III, 3.1). Paragraphs IV, 5.2 and 5.4 may, however, be disregarded in the case of an application for intervention in opposition proceedings.

 

Rule 61a



Accordingly, particularly in the case of proceedings which are at an advanced stage, the formalities officer will inform third parties who have intervened of the progress of the proceedings and request them to indicate within one month whether they will also require the documents received from the parties in accordance with Rule 57(1), (2) and (3), together with the communications from the Opposition Division and the observations of the parties under Rule 58(1), for the preceding period. If this is the case, the formalities officer should also provide the documents filed in accordance with Rule 36(4) for the preceding period and send them with the relevant communications from the Opposition Division or the formalities officer to the intervening third party.