(2)[ 105 ]
If a party disapproves of the text communicated by the Opposition Division, examination of the opposition may be continued. Otherwise, the Opposition Division shall, on expiry of the period under paragraph 1, invite the proprietor of the patent to pay the prescribed fee and to file a translation of any amended claims in the official languages of the European Patent Office other than the language of the proceedings, within a period of three months. Where, in oral proceedings, decisions under Article 106, paragraph 2, or Article 111, paragraph 2, have been based on documents not complying with Rule 49, paragraph 8, the proprietor of the patent shall be invited to file the amended text in a form compliant with Rule 49, paragraph 8, within the three-month period.
If the acts required under paragraph 2 are not performed in due time, they may still be performed within two months of a communication concerning the failure to observe the time limit, provided that a surcharge is paid within this period. Otherwise, the patent shall be revoked.
Date retrieved: 30 December 2018
48 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
EPC Implementing Rules
EPC Rules relating to Fees
EPO Guidelines - D Opposition and Limitation/Revocation Procedures
XGL D VI 7.2.3 Request for publishing fee, translations and a formally compliant version of amended text passages
XGL D VIII 1.2.2 Revocation for failure to pay the prescribed fee for publishing, to file a translation or to file a formally compliant version of amended text passages
EPO Guidelines - E General Procedural Matters
EPO Guidelines - H Amendments and Corrections
Offical Journal of the EPO
XOJ EPO SE 2/2018, p1 - Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of [..]
XOJ EPO SE 5/2017, p22 - Annex A.1 to the ADA - Arrangements for the automatic debiting procedure (AAD) [ 1 ]
XOJ EPO 2016, A22 - Notice from the European Patent Office dated 9 March 2016 concerning amended Rule 82 EPC
XOJ EPO 2015, A82 - Decision of the Administrative Council of 14 October 2015 amending Rule 82 of the Implementing Regulations to the European Patent Convention (CA/D 9/15)
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)
Case Law Book: III Amendments
XCLR III I 6 decision on allowable auxiliary request – distinction between examination proceedings and opposition proceedings