Under Art. 116(1), oral proceedings may be requested only by a party to pending proceedings. If the opposition division notes deficiencies in the notice of opposition under Rule 77(1), the opponent still remains a party to the proceedings until such time as his opposition is rejected as inadmissible. This also applies when deficiencies lead to the opposition being deemed not to have been filed (see D‑IV, 1.4.1).
Date retrieved: 30 December 2018
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EPC Implementing Rules
EPO Guidelines - D Opposition and Limitation/Revocation Procedures
XGL D IV 1.4.1 Deficiencies which may no longer be remedied, as a result of which the opposition is deemed not to have been filed