GL D IV 2 Activity of the opposition division

Formalities officers submit the file to the opposition division in question on despatch of the invitation to the proprietor to submit comments in the cases referred to in D‑IV, 5.2; in all other cases (see D‑IV, 1.4.2) they submit it immediately.[Art. 19(2); ]

The director responsible will then designate the three technical m

GL D IV 1.6 Subsequent procedure

For the subsequent procedure in the event of one or more oppositions with no deficiencies see D‑IV, 5.2.

GL D IV 1.5 Notifications to and observations by the patent proprietor

Communications and decisions in the course of the examination as to whether the opposition is deemed to have been filed and is admissible are also notified to the patent proprietors. If they file observations on their own initiative concerning such a communication, these observations may be taken into account in the decision.

GL D IV 1.4.2 Deficiencies which may no longer be remedied in accordance with Rule 77(1) and Rule 77 (2) , resulting in the opposition being rejected as inadmissible

If there are no deficiencies of the type referred to in D‑IV, 1.4.1, but a notice of opposition which is deemed to have been filed reveals deficiencies under Rule 77(1) (see D‑IV, 1.2.2.1) which may no longer be remedied and which have not been communicated to the opponents in accordance with D‑IV, 1.3.2 (because the opposition period has already expired), the formalities offic

GL D IV 1.4.1 Deficiencies which may no longer be remedied, as a result of which the opposition is deemed not to have been filed

If formalities officers establish that the deficiencies referred to in D‑IV, 1.2.1 have not been remedied within the time limits laid down in the EPC or by the EPO, they will inform the opponent in accordance with Art. 119 that the notice of opposition is deemed not to have been filed and that a decision may be applied for under Rule 112(2) (see E‑VIII, 1.9.3

GL D IV 1.4 Subsequent procedure in the event of deficiencies which may no longer be remedied

1.4.1 Deficiencies which may no longer be remedied, as a result of which the opposition is deemed not to have been filed

1.4.2 Deficiencies which may no longer be remedied in accordance with Rule 77(1) and (2), resulting in the opposition being rejected as inadmissible

GL D IV 1.3.3 Extent of the formalities officer's obligation to issue the above communications

Although formalities officers are not obliged to do so, they may notify the opponent of deficiencies as described in D‑IV, 1.2.1(i), and D‑IV, 1.2.2.1, in good time before the expiry of the time-limits within which it is still possible to remedy the deficiencies.

GL D IV 1.3.2 Communication in the event of deficiencies as described in D‑IV, 1.2.2 , which, if not remedied, will lead to rejection of the opposition as inadmissible

The communication will indicate the deficiencies noted in accordance with D‑IV, 1.2.2.1 or 1.2.2.2, and will state that the opposition will be rejected as inadmissible unless the deficiencies as described in D‑IV, 1.2.2.1, are remedied within the opposition period and unless the deficiencies as described in D‑IV, 1.2.2.2 are rem

GL D IV 1.3.1 Communication in the event of deficiencies as described in D‑IV, 1.2.1 , which, if not remedied, will lead to the opposition being deemed not to have been filed

The communication will indicate the deficiencies noted in accordance with D‑IV, 1.2.1, and will state that the opposition will be deemed not to have been filed unless the deficiency or deficiencies are remedied within the time limits indicated in D‑IV, 1.2.1.

GL D IV 1.3 Issue of communications by the formalities officer as a result of examination for deficiencies

If, in the course of the examination as described in D‑IV, 1.2, formalities officers note deficiencies which may still be remedied, and if there are no deficiencies which may no longer be remedied (in the case of deficiencies which may no longer be remedied see D‑IV, 1.4), they will issue the communications described in D‑IV, 1.3.1 and/or