(1)[ 101 ]
If the Opposition Division notes that the notice of opposition does not comply with Article 99, paragraph 1, or Rule 76, paragraph 2(c), or does not sufficiently identify the patent against which opposition has been filed, it shall reject the opposition as inadmissible, unless these deficiencies have been remedied before expiry of the opposition period.
If the Opposition Division notes that the notice of opposition does not comply with provisions other than those referred to in paragraph 1, it shall communicate this to the opponent and shall invite him to remedy the deficiencies noted within a period to be specified. If the deficiencies are not remedied in due time, the Opposition Division shall reject the opposition as inadmissible.
Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/r77.html
Date retrieved: 17 May 2021
67 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 1.2.2 Deficiencies which, if not remedied, lead to the opposition being rejected as inadmissible
XGL D IV 1.3 Issue of communications by the formalities officer as a result of examination for deficiencies
XGL D IV 1.4.2 Deficiencies which may no longer be remedied in accordance with Rule 77(1) and Rule 77 (2) , resulting in the opposition being rejected as inadmissible
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
EPO Guidelines - E General Procedural Matters
XGL E III 2.1 Request for oral proceedings by an opponent whose opposition is to be rejected as inadmissible or is deemed not to have been filed
Offical Journal of the EPO
XOJ EPO SE 1/2018, p65 - VI.2 - Decision of the Presidium of the Boards of Appeal dated 12 November 2007 concerning the transfer of functions to the Registrars of the Boards of Appeal
XOJ EPO SE 1/2017, p66 - VI.2 - Decision of the Presidium of the Boards of Appeal dated 12 November 2007 concerning the transfer of functions to the Registrars of the Boards of Appeal
XOJ EPO 2008, 513 - Decision of the Administrative Council of 21 October 2008 amending the Implementing Regulations to the European Patent Convention (CA/D 4/08)