GL D VIII 1.2.2 Revocation for failure to pay the prescribed fee for publishing, to file a translation or to file a formally compliant version of amended text passages

Under Rule 82(2) in conjunction with (3), if the patent proprietor fails in due time to:[Rule 82(3); ]

(i)pay the prescribed fee for the printing of a new specification of the European patent,

GL D VIII 1.2.1 Revocation on substantive grounds

If the opposition division is of the opinion that at least one ground for opposition as set out in Art. 100 prejudices the maintenance of the European patent, it will revoke the patent under Art. 101(2), first sentence.

GL D VIII 1.2 Revocation of the European patent

1.2.1 Revocation on substantive grounds

1.2.2 Revocation for failure to pay the prescribed fee for publishing, to file a translation or to file a formally compliant version of amended text passages

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

GL D VIII 1.1 General remarks

The opposition division has to take a final decision on the opposition, by revoking the European patent or rejecting the opposition or ruling that the European patent is to be maintained as amended. If the only admissible opposition or all the admissible oppositions are withdrawn and the opposition division takes the view that as the case stands there is no reason for the Office to continue the proceedings of its own motion, the proceedings are closed by means of a formal decision (Rule 84(2), second sentence).

GL D VIII 1 Final decisions on an admissible opposition

1.1 General remarks

1.2 Revocation of the European patent

1.3 Rejection of the opposition

1.4 Maintenance of the European patent as amended

GL D VIII – Decisions of the opposition division General remarks on decisions appear in E‑X .

1. Final decisions on an admissible opposition

2. Other decisions

GL D VII 8 Transitional provisions for Art. 54(4) EPC 1973 and Art. 54(5)

Art. 54(4) EPC 1973 and Rule 23a EPC 1973 continue to apply to patents granted in respect of patent applications filed before 13 December 2007.

GL D VII 7 Publication of a new specification of the patent

If a European patent is maintained in an amended form, the EPO must, as soon as possible after it publishes the mention of the opposition decision, publish a new specification of the European patent containing the description, the claims and any drawings, in the amended form.[Art. 103; ]

Rule 74 applies mutatis mutandis to the new specification of the European patent.[Rule 87; ]

GL D VII 6 Intervention of the assumed infringer

Assumed infringers of a patent (see D‑I, 5) may file notice of intervention in the opposition proceedings within three months of the date on which infringement proceedings were instituted against them or on which they instituted proceedings for a court ruling that they are not infringing the patent. Notice of intervention must be filed in a written reasoned statement.

GL D VII 5.3 Continuation after the opposition has been withdrawn

The opposition proceedings can be continued even if every opposition has been withdrawn. The principles set forth in D‑VII, 5.2 apply mutatis mutandis in deciding whether the proceedings are to be continued or closed.[Rule 84(2); ]