Guidelines for Examination
PART D
 CHAPTER V SUBSTANTIVE EXAMINATION OF OPPOSITION 		 

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PART D
  CHAPTER IV PROCEDURE UP TO SUBSTANTIVE EXAMINATIONCHAPTER IV PROCEDURE UP TO SUBSTANTIVE EXAMINATION     CHAPTER VI PROCEDURE FOR THE EXAMINATION OF THE OPPOSITIONCHAPTER VI PROCEDURE FOR THE EXAMINATION OF THE OPPOSITION  
1. Beginning of the examination of the opposition

2. Extent of the examination

2.1 Extent to which the patent is opposed

2.2 Examination of the grounds for opposition

3. Non-patentability pursuant to Art. 52 to 57

3.1 State of the art made available to the public by use or in any other way

3.1.1 Types of use and instances of state of the art made available in any other way

3.1.2 Matters to be determined by the Opposition Division as regards use

3.1.3 Ways in which subject-matter may be made available

3.1.3.1 General principles

3.1.3.2 Agreement on secrecy

3.1.3.3 Use on non-public property

3.1.3.4 Example of the accessibility of objects used

3.1.3.5 Example of the inaccessibility of a process

3.2 State of the art made available by means of oral description

3.2.1 Cases of oral description

3.2.2 Non-prejudicial oral description

3.2.3 Matters to be determined by the Opposition Division in cases of oral description

3.3 State of the art made available to the public in writing or by any other means

4. Insufficient disclosure of the invention

4.1 Required form of disclosure

4.2 Disclosure of inventions relating to biological material

4.3 Burden of proof as regards the possibility of performing and repeating the invention

4.4 Cases of partially insufficient disclosure

4.4.1 Only variants of the invention are incapable of being performed

4.4.2 Absence of well-known details

4.4.3 Difficulties in performing the invention

5. Subject-matter of the European patent extending beyond the original disclosure

5.1 Basis of this ground for opposition

5.2 Distinction between allowable and unallowable amendments

6. Extension of protection

6.1 General remarks

6.2 Examination of amendments to the claims

6.3 Change of category of claim

 
   CHAPTER IV PROCEDURE UP TO SUBSTANTIVE EXAMINATION CHAPTER VI PROCEDURE FOR THE EXAMINATION OF THE OPPOSITION

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