When issuing the summons, the European Patent Office shall draw attention to the points which in its opinion need to be discussed for the purposes of the decision to be taken. At the same time a final date for making written submissions in preparation for the oral proceedings shall be fixed. Rule 132 shall not apply. New facts and evidence presented after that date need not be considered, unless admitted on the grounds that the subject of the proceedings has changed.
If the applicant or patent proprietor has been notified of the grounds prejudicing the grant or maintenance of the patent, he may be invited to submit, by the date specified in paragraph 1, second sentence, documents which meet the requirements of the Convention. Paragraph 1, third and fourth sentences, shall apply mutatis mutandis.
Date retrieved: 17 May 2021
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EPC Implementing Rules
EPO Guidelines - C Procedureal Aspects of Substantive Examination
EPO Guidelines - D Opposition and Limitation/Revocation Procedures
EPO Guidelines - E General Procedural Matters
EPO Guidelines - H Amendments and Corrections
Offical Journal of the EPO
XOJ EPO 2020, A124 - Notice from the European Patent Office dated 10 November 2020 concerning non-attendance at oral proceedings in the examination procedure
XOJ EPO 2020, A90 - Notice from the European Patent Office dated 23 July 2020 concerning the pilot project on notification by email during examination proceedings under the decision of the Vice-President Legal and International Affairs [..]
XOJ EPO 2020, A89 - Decision of the Vice-President Legal and International Affairs (Directorate-General 5) of the European Patent Office dated 23 July 2020 concerning the pilot project on notification by email during examination proceedings
XOJ EPO 2020, A41 - Decision of the President of the European Patent Office dated 14 April 2020 concerning the pilot project for oral proceedings by videoconference before opposition divisions
XOJ EPO 2020, A38 - Notice from the European Patent Office dated 30 March 2020 concerning the extension of periods for the payment of fees
Case Law Book: III Amendments
XCLR III C 6.3 Final date for written submissions in the preparation for oral proceedings and late submission of new facts and evidence – Rule 116 EPC