If, after the opinion is issued, the national court asks the examining division to appear before it, the court is informed that the EPO is willing to send one member of the division provided that costs are paid and on the understanding that this member will be required only to answer questions on the technical opinion given and will not be required to give an opinion on additional matters unless notice in writing of these additional matters is given to the examining division at least one month before the appearance before the court.

GL E XIII 5.5 File inspection

The file of a request for a technical opinion is not a file within the meaning of Art. 128 and is not available for file inspection.

GL E XIII 5.4 Establishment and issue of the technical opinion

After any deficiencies as referred to in E‑XIII, 5.1, or E‑XIII, 5.2, above have been met, the examining division establishes the technical opinion as soon as possible.

The opinion is sent to the national court. Any papers received from the court which belong to the national proceedings are sent back with the opinion.

GL E XIII 5.3 Withdrawal of the request

If the request for a technical opinion is withdrawn before the examining division starts any substantive work on the opinion, 75% of the fee will be refunded.[Art. 10 RFees; ]

GL E XIII 5.2 Preliminary examination

When the formal requirements have been met, and, where appropriate, the arguments of the parties are on file, the case will be referred to the directorate responsible for the technical field of the patent in order for the examining division to be established.

GL E XIII 5.1 Formalities check

The formalities officer will check whether the fee has been paid and whether there are any obvious deficiencies as to the language requirements. If there are any deficiencies in these respects, the formalities officer will write to the national court informing it that no substantive work on the opinion will begin until the deficiencies have been remedied.

GL E XIII 5 Procedure

It is envisaged that the procedure will normally involve the following stages.

5.1 Formalities check

5.2 Preliminary examination

5.3 Withdrawal of the request

5.4 Establishment and issue of the technical opinion

GL E XIII 4 Language to be used

In principle the language to be used is the language of the proceedings of the European patent; however, if the court so requests, another official language of the EPO may be used. At least the request itself, any submissions from the parties, and any amendments to the patent must be in that language or translated into that language. The opinion is also produced in that language.

GL E XIII 3.2 Duties

The primary examiner will act on behalf of the examining division and will normally be responsible for issuing communications to the court. The primary examiner also drafts the written opinion and circulates the draft to the other members of the examining division for consideration. If any changes are proposed in the draft and there are differences of view on such changes, the chair arranges a meeting to resolve the matter. The final opinion is signed by all members of the division.

GL E XIV – Registration of changes of name, transfers, licences and other rights

GL E XIII 5.6 Appearance before the national court