GL D VI 8 Request to adjourn opposition proceedings

If a party requests adjournment of opposition proceedings for the sole reason of pending appeal or opposition proceedings of a patent family member (e.g. a parent application), the request will not be granted. The party will receive a communication from the opposition division indicating the reasons for its intention not to grant the request.

GL D VI 7.2.3 Request for publishing fee, translations and a formally compliant version of amended text passages

Once the interlocutory decision becomes final or the amended text in which the patent is to be maintained has been drawn up in opposition appeal proceedings, the formalities officer requests the patent proprietor[Rule 82(2); ]

– to pay, within three months, the fee for publishing a new specification of the European patent;

– t

GL D VI 7.2.2 Decision on the documents on the basis of which the patent is to be maintained

If the opposition division considers that the patent can be maintained on the basis of the text submitted or approved by the patent proprietor, and the opponent has had sufficient opportunity to comment on this text – either in writing or during oral proceedings – as well as on the reasons decisive to the patent's maintenance, the opposition division will issue an interlocutory decision to the effect that the patent and the invention to which it relates meet the requirements of the EPC following the amendments made by the patent proprietor during the opposition proceedings.

GL D VI 7.2.1 Procedural requirements

A decision to maintain the patent in amended form may be delivered only when the patent proprietor has approved the new text on the basis of which the opposition division intends to maintain the patent and the opponent has had sufficient opportunity to comment on the proposed new text.[Art. 113; ]

Both prerequisites can be fulfilled during oral proceedings at which the opposition division establishes the text including the amended description and, if necessary, the amended figures.

GL D VI 7.2 Preparation of a decision to maintain a European patent in amended form

7.2.1 Procedural requirements

7.2.2 Decision on the documents on the basis of which the patent is to be maintained

7.2.3 Request for publishing fee, translations and a formally compliant version of amended text passages

GL D VI 7.1 General remarks

If the opposition division does not consider it expedient to arrange for oral proceedings of its own motion (see E‑III, 4, and below) or for the taking of evidence even where the latter is requested (see E‑IV), and if no admissible request for oral proceedings has been received from a party (see E‑III, 2), the decision must be reached on the basis of written proceedings.

GL D VI 7 Preparation of the decision

7.1 General remarks

7.2 Preparation of a decision to maintain a European patent in amended form

GL D VI 6 Examination of the opposition during oral proceedings

For details regarding the examination shortly before and during oral proceedings and the conduct thereof, see E‑III, 8.

GL D VI 5 Additional search

In exceptional cases, the opposition division, like the examining division, may on its own initiative cite new material relating to the state of the art and take it into account in its subsequent decision (see C‑IV, 7.3). In the normal course of events, however, since the grant of the patent will have been preceded by a search into the subject-matter of the application by the search division, by the examining division and generally by the opponents, no additional search will be made.

GL D VI 4.2 Invitation to file amended documents

If the opposition division considers that the European patent cannot be maintained in an unamended form, it must inform the patent proprietors accordingly, stating the grounds, and give them the opportunity to amend, in appropriate cases, the description, claims and drawings. As regards the time limit here, see E‑VIII, 1.2.