If the formalities officer establishes that the deficiencies referred to in D‑IV, 1.2.1 have not been remedied within the time limits laid down in the EPC or by the EPO, he will inform the opponent in accordance with Art. 119 that the notice of opposition is deemed not to have been filed and that a decision may be applied for under Rule 112(2) (see E‑VIII, 1.9.3). If no such application is made within the prescribed period of two months after notification of this communication, and if there is no other valid opposition pending, the proceedings are closed and the parties informed accordingly. Any opposition fees which have been paid are refunded.[Rule 112(1); ]
Documents submitted with a notice of opposition which is deemed not to have been filed will form part of the file and will thus be available for inspection in accordance with Art. 128(4). They will be regarded as observations by third parties under Art. 115 (see in this connection D‑V, 2.2, and E‑VI, 3). If a further admissible opposition is pending, the proceedings are continued in respect of it.
Date retrieved: 30 December 2018
15 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 1.2.1 Deficiencies which, if not remedied, lead to the opposition being deemed not to have been filed
XGL D IV 1.4.2 Deficiencies which may no longer be remedied in accordance with Rule 77(1) and Rule 77 (2) , resulting in the opposition being rejected as inadmissible
EPO Guidelines - E General Procedural Matters
XGL E III 2.1 Request for oral proceedings by an opponent whose opposition is to be rejected as inadmissible or is deemed not to have been filed