Opposition is not an opportunity to re-examine the whole patent; it is the amendments introduced into the patent which must be examined as to whether they comply with the EPC as a whole (see G 3/14, T 227/88 and T 301/87). Therefore the opposition division should check that the patent, by the amendments themselves, does not contravene the requirements of the EPC (with the exception of Art. 82, see G 1/91 and D‑V, 2). With respect to Art. 84, see D‑V, 5. For the form of amended documents, see H‑III, 2.2 to H‑III, 2.4. It should be noted that the formal requirements, in particular Rules 30 to Rule 34, and Rules 42, Rule 43, Rule 46, Rule 48 and Rule 50, must be satisfied (see Rule 86).
Date retrieved: 24 November 2017
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EPC Implementing Rules
XR.30 EPC Requirements of European patent applications relating to nucleotide and amino acid sequences