Once the preparations for the examination of the opposition have been completed pursuant to Rule 79, the opposition division examines whether the grounds for opposition (see D‑III, 5) laid down in Art. 100 prejudice the maintenance of the European patent. The examination may also begin if a single admissible opposition has been withdrawn in the interim (see D‑VII, 5.3). If the opponent has died or is legally incapacitated, the examination may begin even without the participation of the heirs or legal representatives (see D‑VII, 5.2).[Art. 101(1); ]
Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/d_v_1.htm
Date retrieved: 17 May 2021