When examining whether an intervention is admissible, the formalities officer and the opposition division will proceed as for the examination as to admissibility of an opposition (see D‑IV, 1, D-IV, 3 and D-IV, 5.5) but on the basis of the requirements for intervention under Art. 105 and Rule 89.[Rule 79(4); ]
Paragraphs D‑IV, 5.2 and D-IV, 5.4, may, however, be disregarded in the case of an intervention in opposition proceedings.[Rule 86; ]
Accordingly, particularly in the case of proceedings which are at an advanced stage, the formalities officer will inform third parties who have intervened of the progress of the proceedings and request them to indicate within one month whether they will also require the documents received from the parties in accordance with Rule 79(1), Rule 79(2) and Rule 79(3), together with the communications from the opposition division and the observations of the parties under Rule 81(2), for the preceding period. If this is the case, the formalities officer will send them with the relevant communications from the opposition division or the formalities officer to the intervening third party.
Date retrieved: 30 December 2018
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EPC Implementing Rules
EPO Guidelines - D Opposition and Limitation/Revocation Procedures
XGL D IV 1 Examination for deficiencies in the notice of opposition and communications from the formalities officer arising from this examination
XGL D IV 3 Rejection of the opposition as inadmissible by the opposition division, the patent proprietor not being a party
XGL D IV 5.2 Invitation to the patent proprietor to submit comments and communication of opposition to the other parties concerned by the formalities officer
XGL D IV 5.5 Decision concerning the admissibility of an opposition, the patent proprietor being a party