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), any opponent still remains a party to the proceedings until such time as their 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).
Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/e_iii_2_1.htm
Date retrieved: 17 May 2021
5 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
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