GL D IV 1.2.2.2 Deficiencies under Rule 77(2)

The following deficiencies fall within this category:
(i)the notice of opposition does not specify the name, address and nationality of the opponent and the state in which the opponent's residence or principal place of business is located in the prescribed manner (see D‑III, 6(i));[Rule 76(2)(a); ]
(ii)the number of the European patent against which the opposition is filed or the name of the patent proprietor or the title of the invention is not indicated; [Rule 76(2)(b); ]
Each of the particulars listed in (ii) above must be supplied within the time limit set by the formalities officer (see D‑IV, 1.3.2), even if the contested European patent may be identified by means of one of these or other particulars within the opposition period (see D‑IV, 1.2.2.1(ii)). If the name of the patent proprietor as indicated by the opponent is not the same as that recorded in the Register, the formalities officer will inform the opponent of the patent proprietor's correct name.
(iii)where the opponent has appointed a representative, the name or the address of the place of business of such representative is not indicated in the notice of opposition in the prescribed manner (see D‑III, 6(iv));[Rule 76(2)(d); ]
(iv)the opponent has neither residence nor principal place of business in one of the contracting states (Art. 133(2)) and has not communicated the appointment of a professional representative (Art. 134). In the communication requesting remedy of such deficiency the opponent must also be asked to arrange for the signature or approval of the notice of opposition by the representative to be appointed; and
(v)the notice of opposition fails to satisfy further formal requirements other than those mentioned in Rule 77(1). For instance, it may fail to comply with the provisions of Rule 50(2) without due justification.[Rule 86; ]

Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/d_iv_1_2_2_2.htm

Date retrieved: 17 May 2021

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EPO Guidelines - D Opposition and Limitation/Revocation Procedures