GL D III 4 Derogations from language requirements

Derogations from language requirements for written opposition proceedings are dealt with in A‑VII, 3 (for documents filed as evidence, see A‑VII, 3.4) and for oral opposition proceedings in E‑V.

GL D III 3.4 Signature of the notice of opposition

The notice of opposition must be signed by the person responsible, i.e. by the opponent or, where appropriate, by the representative (see also D‑IV, 1.2.1(ii), and A‑VIII, 1).[Rule 50(3); Rule 2; ]

Initials or other abbreviated forms will not be accepted as a signature.

Where the notice of opposition is filed in electronic form using the EP

GL D III 3.3 Notices of opposition filed by fax

Notice of opposition may also be filed by fax (see the Decision of the President of the EPO dated 12 July 2007, Special edition No. 3, OJ EPO 2007, A.3). At the invitation of the EPO, written confirmation reproducing the contents of the fax and complying with the requirements of the Implementing Regulations – in particular properly signed – must be supplied. If the opponent fails to comply with this invitation in due time, the fax is deemed not to have been received (see A‑VIII, 2.5).

GL D III 3.2 Notices of opposition filed electronically

Notice of opposition may be filed in electronic form using version 5.09 (build 5.0.9.148) or later releases of the EPO Online Filing software (see OJ EPO 2017, A59).

Notice of opposition may also be filed using the EPO case management system (CMS) provided website (see OJ EPO 2015, A27). However, it may not be filed using the EPO web-form filing service (OJ EPO 2014, A98).

GL D III 3.1 Form of the opposition

The notice of opposition must be filed in writing and must be typewritten or printed, with a margin of about 2.5 cm on the left hand side of each page. It would be appropriate if the notice of opposition also satisfied the requirements laid down in Rule 49(3).[Rule 86; Rule 50(2); Rule 49(3); Rule 76(1); ]

GL D III 3 Submission in writing

3.1 Form of the opposition

3.2 Notices of opposition filed electronically

3.3 Notices of opposition filed by fax

3.4 Signature of the notice of opposition

GL D III 2 Opposition fee

The amount of the opposition fee specified in the Rules relating to Fees under the EPC must be paid before expiry of the time limit for opposition.[Art. 99(1); ]

An opposition filed in common by two or more persons, which otherwise meets the requirements of Art. 99 and Rules 3 and

GL D III 1 Time allowed for filing notice of opposition

Within nine months from the publication of the mention of the grant of the European patent, notice of opposition has to be given to the EPO in Munich, The Hague or Berlin.[Art. 99(1); ]

For expiry of the time limit see E‑VIII, 1.4. Re-establishment of rights in respect of unobserved time limits for opposition is not possible in the case of an opponent (see, however, E‑VIII, 3.1.2).

GL D III – Opposition

1. Time allowed for filing notice of opposition

2. Opposition fee

3. Submission in writing

4. Derogations from language requirements

5. Grounds for opposition

GL D II 7 Allocation of individual duties

The President of the EPO may entrust to employees who are not technically or legally qualified examiners the execution of individual duties falling to the examining divisions or to the opposition divisions and involving no technical or legal difficulties.