GL E X 2.1 Examples

The right to be heard is a right not just to present comments but also to have those comments duly considered. Amendments and arguments submitted by a party need to be considered, and the party must be given an opportunity to comment on the grounds and evidence brought forward by the examining division (see T 1123/04 and T 852/07).

GL E X 2 Decisions taken by the examining or opposition divisions

In substantive examination, applicants must have an opportunity of presenting their comments on all the grounds invoked against their application.

Before an application is refused by the examining division, the search under Art. 54(3) is completed (see also C‑IV, 7.1).

In opposition proceedings, if the patent is to be revoked, it must be ensured that the proprietor of th

GL E X 1.3.3 Reasoning

The statement of grounds must first set out and substantiate the reasons for the decision, citing the individual EPC articles and rules involved.

For decisions taken by the examining or opposition division, see E‑X, 2.6.

The deciding instance will draft the decision based on one or more grounds forming the basis of the decision, as appropriate.

GL E X 1.3.2 Facts and submissions

Facts and submissions have to be given in so far as they are significant for the decision.

Under facts, a brief description of the case and a summary of the main reasons on which the decision is based and of the most important replies of the parties is given. These points, however, are to be covered in detail in the subsequent reasoning.

GL E X 1.3.1 Order

The order (or "operative part") of the decision, must clearly state the request of the parties and the extent to which this request is complied with (T 756/14). It may be, for example, as follows:

"The European patent application ... is hereby refused pursuant to Art. 97(2) EPC.";

"The opposition to the European patent ... is hereby rejected."; or

"The request for re-establishment of rights is hereby rejected".

GL E X 1.3 Form and content

Decisions are to be produced in writing.

GL E X 1.2 Consideration of time limits

A decision may not be given until any time limit set has expired, unless all the parties affected by the time limit expressly agree that it need no longer be observed or have submitted their final opinions before it expires.

GL E X 1.1 General remarks

Decisions subject to appeal are taken by the Receiving Section, the examining divisions, the opposition divisions and the Legal Division. Unless otherwise specified, the principles described in this chapter apply to all such decisions.