Error message

Deprecated function: Using ${var} in strings is deprecated, use {$var} instead in include_once() (line 1442 of includes/bootstrap.inc).
Deprecated function: Using ${var} in strings is deprecated, use {$var} instead in include_once() (line 1442 of includes/bootstrap.inc).
Deprecated function: Optional parameter $type declared before required parameter $nid is implicitly treated as a required parameter in include_once() (line 1442 of includes/bootstrap.inc).

R.79 EPC Preparation of the examination of the opposition

(1)

The Opposition Division shall communicate the notice of opposition to the proprietor of the patent and shall give him the opportunity to file his observations and to amend, where appropriate, the description, claims and drawings within a period to be specified.

(2)

If several notices of opposition have been filed, the Opposition Division shall communicate them to the other opponents at the same time as the communication under paragraph 1.

(3)

The Opposition Division shall communicate any observations and amendments filed by the proprietor of the patent to the other parties, and shall invite them, if it considers this expedient, to reply within a period to be specified.

(4)

In the case of an intervention under Article 105, the Opposition Division may dispense with the application of paragraphs 1 to 3.

[ Art. 101 123 R. 89 ]

See opinion of the Enlarged Board of Appeal G 1/02 (Annex I).

Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/r79.html

Date retrieved: 17 May 2021

35 references found.

Click X to load a reference inside the current page, click on the title to open in a new page.

EPC Articles

X A.101 EPC Examination of the opposition – Revocation or maintenance of the European patent

X A.105 EPC Intervention of the assumed infringer

X A.123 EPC Amendments

EPC Implementing Rules

X Chapter I Opposition procedure

X R.89 EPC Intervention of the assumed infringer

EPO Guidelines - A Formalities Examination

X GL A VII 5 Documents filed in the wrong language

EPO Guidelines - D Opposition and Limitation/Revocation Procedures

X GL D IV 4 Termination of opposition proceedings in the event of inadmissible opposition

X GL 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

X GL D IV 5.4 Communication of observations from one of the parties to the other parties

X GL D IV 5.6 Examination of the admissibility of an intervention and preparations in the event of an intervention

X GL D V 1 Beginning of the examination of the opposition

X GL D VII 6 Intervention of the assumed infringer

EPO Guidelines - E General Procedural Matters

X GL E VI 2.1 General examples in opposition proceedings

X GL E VIII 1.6.1 Extension of time limits set by the EPO under Rule 132

Offical Journal of the EPO

X OJ EPO SE 2/2021, p49 - IV. PROCEEDINGS BEFORE THE DEPARTMENTS OF FIRST INSTANCE

X OJ EPO 2020, A106 - Notice from the European Patent Office dated 28 August 2020 concerning the communication for information purposes of observations made by parties to opposition proceedings to the other parties to the proceedings

X OJ EPO SE 4/2017, p2 - BOARD OF APPEAL AND ENLARGED BOARD OF APPEAL CASE LAW 2015/2016

X OJ EPO 2017, A15 - Decision of Technical Board of Appeal 3.2.07 dated 27 July 2016 T 1691/15

X OJ EPO 2009, 434 - Notice from the European Patent Office dated 3 June 2009 concern- ing the communication of parties' observations to the other parties in opposition proceedings for information

Case Law Book: IV Divisional Applications

X CLR IV C 1 Legal character of opposition proceedings and applicable principles

X CLR IV C 2.1.6 Filing of multiple oppositions by different persons

X CLR IV C 2.3.3 Rejection of opposition as inadmissible

X CLR IV C 3.4.6 Opportunity to comment on new grounds for opposition

X CLR IV C 5.1.3 Time frame for filing amendments

X CLR IV C 5.1.8 Amendments intended to remedy a lack of clarity

X CLR IV C 6.1 Principle of equal treatment

X CLR IV C 6.2 Invitation to file observations under Article 101(1) EPC

X CLR IV C 6.4 EPO communication concerning submissions by the other party – adequate opportunity to reply

Case Law of the Enlarged Board

X G 0001/02 (Formalities officers' powers) of 22.1.2003

General Case Law

X R 0007/09 () of 22.7.2009

X R 0004/17 (Fundamental violation of right to be heard/RHODIA CHIMIE) of 29.1.2018

X T 1561/05 () of 17.10.2006

X T 0500/15 () of 25.6.2018

X T 1691/15 () of 27.7.2016

X T 0029/16 (Scavenging H2S / STATOIL) of 25.4.2017