If the Opposition Division considers that the European patent cannot be maintained in an unamended form, but that a more limited text might be acceptable, it must inform the proprietor of the patent accordingly, stating the grounds, and in appropriate cases invite him "to file, where necessary, the description, claims and drawings in amended form." As regards the time limit here, see E-VIII, 1.2. Where necessary, the description adjusted in line with the new claims should also deal with the state of the art as set out in the opposition proceedings, the technical purpose and the advantages of the invention as it will then stand. The Opposition Division may itself make proposals for amendments to the documents and in this case it should point out to the proprietor of the patent that they are no more than proposals, which he is free to accept on his own responsibility and as he sees fit, but that the patent may be revoked if it remains in a form that is open to objection on the grounds set forth.

Proposals for amendment filed at a late stage in the proceedings may be disregarded (see T 406/86, OJ 7/1989, 302).

For amended documents, see E-II.