If the formalities officer considers that no further ex-officio objection to the admissibility of each or the only opposition remains, he will invite the patent proprietor, immediately after expiry of the opposition period or the period laid down by the formalities officer for the remedying of the deficiencies in accordance with Rule 77(2) (see D‑IV, 22.214.171.124), or for the presentation of evidence (see D‑IV, 126.96.36.199(v)), to file his observations concerning the oppositions communicated earlier and to file amendments, where appropriate, to the description, claims and drawings within a four-month period. Extension of the time limit will only be granted in exceptional cases on the basis of a duly substantiated request (see E-VIII, 1.6, and the Notice from the EPO dated 31 May 2016, OJ EPO 2016, A42). The above procedure also applies to oppositions where a decision to the effect that they are deemed not to have been filed or are inadmissible has not yet been taken or has not yet become final.[Rule 79(1); Rule 79(2); ]
If several notices of opposition have been filed, the formalities officer will communicate them to the other opponents at the same time as the communication provided for in the previous paragraph. This will not be combined with an invitation to file observations or the setting of a time limit.
However, copies of documents specified as patent documents are transmitted only upon request. All documents are available for inspection via the European Patent Register (see A‑XI, 2, and the Notice from the EPO dated 3 June 2009, OJ EPO 2009, 434).
Date retrieved: 30 December 2018
13 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 - A Formalities Examination
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