Error message

Deprecated function: Using ${var} in strings is deprecated, use {$var} instead in include_once() (line 1442 of /home/patently/domains/xepc.eu/public_html/includes/bootstrap.inc).
Deprecated function: Using ${var} in strings is deprecated, use {$var} instead in include_once() (line 1442 of /home/patently/domains/xepc.eu/public_html/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 /home/patently/domains/xepc.eu/public_html/includes/bootstrap.inc).

R.82 EPC Maintenance of the European patent in amended form

(1)

Before the Opposition Division decides to maintain the European patent as amended, it shall inform the parties of the text in which it intends to maintain the patent, and shall invite them to file their observations within two months if they disapprove of that text.

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.

(3)

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.

(4)

The decision to maintain the European patent as amended shall state which text of the patent forms the basis for the decision.

[ Art. 65 101 105 123 R. 89 ]

See decisions of the Enlarged Board of Appeal G 1/88, G 1/90 (Annex I).

Amended by decision of the Administrative Council CA/D 9/15 of 14.10.2015 (OJ EPO 2015, A82), which entered into force on 01.05.2016.

See notice from the EPO of 09.03.2016 (OJ EPO 2016, A22).

Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/r82.html

Date retrieved: 17 May 2021

61 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.65 EPC Translation of the European patent

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.106 EPC Decisions subject to appeal

X A.111 EPC Decision in respect of appeals

X A.116 EPC Oral proceedings

X A.123 EPC Amendments

EPC Implementing Rules

X Chapter I Opposition procedure

X R.49 EPC General provisions governing the presentation of the application documents

X R.89 EPC Intervention of the assumed infringer

X R.95 EPC Decision on the request

EPC Rules relating to Fees

X A. 2 Rfees EPC Fees provided for in the Convention and in the Implementing Regulations

EPO Guidelines - D Opposition and Limitation/Revocation Procedures

X GL D VI 7.2.1 Procedural requirements

X GL D VI 7.2.3 Request for publishing fee, translations and a formally compliant version of amended text passages

X GL D VII 4.3 Interruption of time limits

X GL 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

X GL D VIII 1.4.1 Taking of a final decision

X GL D VIII 1.4.2 Statement in the decision of the amended form of the European patent

EPO Guidelines - E General Procedural Matters

X GL E III 8.7.1 General principles

X GL E III 8.7.3 Procedure in opposition proceedings

X GL E III 9 Delivery of the decision

X GL E VIII 1.8 Failure to respond within a time limit

X GL E VIII 3.1.1 Time limits covered

X GL E XII 9.2 Consequences for the division

EPO Guidelines - H Amendments and Corrections

X GL H III 2.2 Amendment by submitting missing documents or by filing replacement pages

X GL H VI 3.1 Admissibility

X GL H VI 3.2 Allowability of the correction of bibliographic data

X GL H VI 5 Correction of the translations of the claims

Offical Journal of the EPO

X OJ EPO SE 3/2020, p26 - Description of fee codes

X OJ EPO SE 3/2020, 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 [..]

X OJ EPO 2020, A3 - Decision of the Administrative Council of 12 December 2019 amending Articles 2 and 7 of the Rules relating to Fees ( CA/D 12/19 )

X OJ EPO SE 4/2019, p22 - Annex A.1 to the ADA - Arrangements for the automatic debiting procedure (AAD) [ 1 ]

X OJ EPO SE 3/2019, p26 - D escription of fee codes

X OJ EPO SE 3/2019, 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 [..]

X OJ EPO SE 3/2018, p2 - BOARDS OF APPEAL AND ENLARGED BOARD OF APPEAL CASE LAW 2017

X OJ EPO SE 2/2018, p24 - D escription of fee codes

X OJ 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 [..]

X OJ EPO SE 5/2017, p22 - Annex A.1 to the ADA - Arrangements for the automatic debiting procedure (AAD) [ 1 ]

X OJ EPO 2016, A22 - Notice from the European Patent Office dated 9 March 2016 concerning amended Rule 82 EPC

X OJ 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)

X OJ 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

X CLR III I 7 Interlocutory decision on allowable auxiliary request – distinction between examination proceedings and opposition proceedings

X CLR III E 5.4.6 Second mistake by responsible person

X CLR III E 6.1 Department competent to decide upon the request

X CLR III G 4.3.7 Receipt of formal documents

X CLR III K 3.3.2.A When decision is announced in oral proceedings

Case Law Book: IV Divisional Applications

X CLR IV C 3.4.3 Grounds raised against amended claims

X CLR IV C 5.1.4 Amending a non-opposed sub-claim

X CLR IV C 5.2.1 General

X CLR IV C 6.3 Invitation to file observations under Rule 82(1) EPC

X CLR IV C 8.1 Revocation of a European patent for failure to fulfil formal requirements – by way of decision

X CLR IV C 8.2.2 Maintenance of European patent as amended

Case Law Book: V Priority

X CLR V A 2.4.2.D Opponent

Case Law of the Enlarged Board

X G 0001/88 (Opponent's silence) of 27.1.1989

X G 0001/90 (Revocation of the Patent) of 5.3.1991

General Case Law

X T 1526/06 (Teriparatide solutions/ELI LILLY) of 11.7.2008

X T 0646/08 (Conflicting procedural statements) of 14.4.2011

X T 0529/09 (Translations of claims/SONION) of 10.6.2010

X T 1815/15 () of 15.4.2016

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

X T 1934/16 () of 21.8.2017