GL E VI 3 Observations by third parties

Following publication of the European patent application under Art. 93, any person may present observations concerning the patentability of the invention.

GL E VI 2.2 Examples concerning oral proceedings in opposition procedure

If oral proceedings are arranged, the opposition division issues a summons together with an annex drawing attention to the points to be discussed (Rule 116(1)) and normally containing the division's provisional and non-binding opinion (see D‑VI, 3.2).

GL E VI 2.1 General examples in opposition proceedings

As far as the assessment of late filing in opposition proceedings is concerned, the rulings of the Enlarged Board of Appeal in G 9/91 and G 10/91 apply. According to these decisions, in principle, the opposition is to be examined to the extent and on the grounds submitted during the period for opposition. Under Art. 114(1) the opposition division may go beyond this framework if prima facie maintenance of the patent is prejudiced.

GL E VI 2 Late-filed submissions

(Where submissions of the parties are filed late in respect of the date indicated in the note to the summons to oral proceedings pursuant to Rule 116(1), refer primarily to E‑III, 8.6).

The EPO may disregard facts or evidence (e.g. publications) which are not submitted in due time by the parties concerned.[Art. 114(2); ]

This also applies to grounds for opposition not submitted i

GL E VI 1.2 Limits on the obligation to undertake examination

However, the obligation to undertake such examination must be kept within limits in the interests of procedural expediency.

GL E VI 1.1 General remarks

In proceedings before it, the EPO examines the facts of its own motion; it is not restricted in this examination to the facts, evidence and arguments provided by the parties and the relief sought. This principle of examination by the EPO of its own motion must be complied with by the competent department during all proceedings pending before it.

GL E VI 1 Examination by the EPO of its own motion

1.1 General remarks

1.2 Limits on the obligation to undertake examination

GL E VI – Examination by the EPO of its own motion; facts, evidence or grounds not submitted in due time; observations by third parties

1. Examination by the EPO of its own motion

2. Late-filed submissions

3. Observations by third parties

4. External complaints

GL E V 6 Language used in the minutes

Where the official language actually employed in oral proceedings is not the language of the proceedings as defined in Art. 14(3), if the examining or opposition division or the Legal Division considers it appropriate and subject to explicit agreement of all parties concerned, the minutes may be recorded in the language actually employed in the oral proceedings.

Prior to the agreement of the parties, their attention is drawn to the fact that the EPO will not provide translations of the minutes into the language

GL E V 5 Language used by employees of the EPO

Employees of the EPO may use in oral proceedings an official language of the EPO other than the language of proceedings. The parties must be informed accordingly prior to the oral proceedings, unless it can be reasonably assumed that they would not object to this, e.g. because they have equally requested to use that different official language.[Rule 4(2); ]

However, employees may not depart from the language of the proceedings without good reason.