GL D VIII 2.2 Decisions which do not terminate proceedings

Such decisions are dealt with in E‑X, 3.

See D‑VI, 7.2.2 with reference to the maintenance of a patent with amended documents.

GL D VIII 2.1 Decision on the inadmissibility of an opposition or intervention

See D‑IV, 3 and 5.5 with reference to the notice of opposition and D‑IV, 5.6 and D‑VII, 6, for the intervention of an assumed infringer.

GL D VIII 2 Other decisions

2.1 Decision on the inadmissibility of an opposition or intervention

2.2 Decisions which do not terminate proceedings

2.3 Decision on a notified loss of rights at the request of the person concerned

2.4 Decision on re-establishment of rights

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

The decision must state which text of the European patent forms the basis for maintaining it.[Rule 82(4); ]

GL D VIII 1.4.1 Taking of a final decision

If the opposition division is of the opinion that, taking into consideration the amendments made by the patent proprietor during the opposition proceedings, the patent and the invention to which it relates meet the requirements of the EPC, it will issue an interlocutory decision to maintain the European patent as amended.[Art. 101(3)(a); Rule 82(1); (2); ]

The procedure specified in

GL D VIII 1.4 Maintenance of the European patent as amended

1.4.1 Taking of a final decision

1.4.2 Statement in the decision of the amended form of the European patent

GL D VIII 1.3 Rejection of the opposition

If the opposition division is of the opinion that the grounds for opposition mentioned in Art. 100 do not prejudice the maintenance of the European patent unamended, it will reject the opposition.[Art. 101(2); ]

GL D VIII 1.2.5 Revocation of the patent in the event that the patent proprietor no longer wishes the patent to be maintained as granted

If patent proprietors state that they no longer approve the text in which the patent was granted and do not submit an amended text, the patent must be revoked pursuant to Art. 101 (see T 203/14 and T 2405/12).

GL D VIII 1.2.4 Revocation in the event of requirements not being met until after expiry of time limits

In the cases referred to in D‑VIII, 1.2.2 and 1.2.3, the European patent will be revoked even if the omitted acts have been completed during the period between expiry of the time limit and the taking of a final decision, unless a request for re-establishment of rights has been filed, in which case a decision must first be given on the request.

GL D VIII 1.2.3 Revocation for failure to notify the appointment of a new representative

If opposition proceedings are interrupted according to Rule 142(1)(c) and the patent proprietor, who is not resident in one of the contracting states, does not forward a notification of the appointment of a new representative within the two-month period laid down in Rule 142(3)(a) (see E‑VII, 1.4(i)), the European patent will be revoked.[Rule 142(3)(a); ]