Guidelines for Examination
PART D
CHAPTER VI PROCEDURE FOR THE EXAMINATION OF THE OPPOSITION
3. Invitation to file observations
3.2 Summons to oral proceedings
 

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PART D
CHAPTER VI PROCEDURE FOR THE EXAMINATION OF THE OPPOSITIONCHAPTER VI PROCEDURE FOR THE EXAMINATION OF THE OPPOSITION
3. Invitation to file observations3. Invitation to file observations
  3.1 Examiners' communications3.1 Examiners' communications       
 

3.2

Summons to oral proceedings

 

If oral proceedings have to be arranged, the parties must be summoned to them as quickly as possible at reasonable notice (see E-III, 6).

 

Art. 116(1)

Rule 71(1)



Together with the summons, the Opposition Division will draw attention to and in an annexed note explain the points which in its opinion need to be discussed for the purposes of the decision to be taken; where this has already been done sufficiently in a prior communication it is appropriate to refer to that communication. Normally, the annex will also contain the provisional and non-binding opinion of the Opposition Division on the positions adopted by the parties and in particular on amendments filed by the proprietor of the patent. At the same time, a date will be fixed up to which written submissions may be made or amendments meeting the requirements of the EPC may be filed. Normally this date will be one month before the date of the oral proceedings. However, an earlier date may be advisable if it is anticipated that a party will reasonably need more time, for example to consider the results of comparative tests filed by the other party. With respect to this date, Rule 84 does not apply, i.e. this time limit cannot be extended on request of the parties.

 

Rule 71a(1)