On rare occasions it may happen that the limitation procedure is finished before an opposition is filed within the nine-month period and the decision to limit has already been published in the European Patent Bulletin. In such cases the opponent does not benefit from a new nine-month period, since the opposition period runs only once from publication of the mention of the grant of the patent. Accordingly the opponent will not have a full nine-month period to formulate the opposition for the patent as limited.

7.1 Precedence of opposition proceedings

7.2 Filing of opposition after decision on limitation

If the request for limitation is allowable, then according to Rule 95(3) the examining division must communicate this to the requesters and invite them to pay the prescribed fee and file translations of the amended claims into the other two official languages within a period of three months.[Rule 95(3); Art. 2(1), item 8 RFees;

If the examination under D‑X, 4.3 above leads to the conclusion that the request is allowable, then the next stage of the procedure – the establishment of the formal requirements for limitation as described under D‑X, 5, can begin. Otherwise, in accordance with Rule 95(2), a communication must be sent to the requester identifying the deficiencies and giving the opportunity to correct them within a period to be specified.

The basis for the examination is the patent as granted or amended in opposition or limitation proceedings (Rule 90).