Examining the notice of opposition for admissibility
|
181
|
Immediately after receiving the notice of opposition, the EPO communicates it to the proprietor and checks that it is admissible. Deficiencies in the notice are communicated to the opponent. Deficiencies under Rule 56(1) must be remedied within the opposition period. Other remediable deficiencies must be corrected within a period specified by the EPO (generally two months). If the deficiencies noted are not corrected in due time, the notice of opposition is rejected as inadmissible.
| |
R. 56, 57(1)
Guid. D-IV, 1.2
|
|
Documents cited in support of the opposition or as evidence should be filed in duplicate together with the notice of opposition. If this is not done, the Office invites the opponent to file them within a period that it specifies (generally two months). If the opponent fails to do so in due time, the opposition division may decide not to take any arguments based on them into account.
|
R. 59
Guid. D-IV, 1.2.2.1
|
|
182
|
Immediately after expiry of the opposition period or the period laid down for remedying deficiencies or presenting evidence, the patent proprietor is invited to file observations and, where appropriate, amendments within a period specified by the EPO (generally four months). Amendments are allowed only if they are occasioned by grounds for opposition under Article 100, including grounds not invoked by the opponent.
| |
R. 57(1)
Guid. D-IV, 5.2
R. 57a
Guid. D-IV, 5.3
|
|
D. The European patent grant procedure
Form and content of the notice of opposition
Substantive examination of the opposition
