(1)[ 89 ]
The Opposition Division shall examine those grounds for opposition which are invoked in the opponent's statement under Rule 76, paragraph 2(c). Grounds for opposition not invoked by the opponent may be examined by the Opposition Division of its own motion if they would prejudice the maintenance of the European patent.
Communications under Article 101, paragraph 1, second sentence, and all replies thereto shall be sent to all parties. If the Opposition Division considers this expedient, it shall invite the parties to reply within a period to be specified.
In any communication under Article 101, paragraph 1, second sentence, the proprietor of the European patent shall, where necessary, be given the opportunity to amend, where appropriate, the description, claims and drawings. Where necessary, the communication shall contain a reasoned statement covering the grounds against the maintenance of the European patent.
Date retrieved: 02 November 2015
20 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
EPC Implementing Rules
EPO Guidelines - D Opposition and Limitation/Revocation Procedures
XGL D IV 5.6 Examination of the admissibility of an intervention and preparations in the event of an intervention
EPO Guidelines - E General Procedural Matters
Case Law Book
Case Law Book: IV Divisional Applications
Case Law of the Enlarged Board
XG 9/92 Einstellung des Verfahrens vor der GroÃen Beschwerdekammer / Ãnderung der Sachlage im AnlaÃverfahren
XG 1/99 Reformatio in peius - exception to the prohibition / Status of appellant/opponent / Status of appellant/patent [..]