Each opposition division is assigned to an EPO directorate dedicated to conducting opposition proceedings.[Rule 11(1); ]

GL D II – The opposition division

1. Administrative structure

2. Composition

3. Allocation of duties and appointment of members of the opposition division

4. Tasks of the opposition divisions

5. Allocation of tasks to members

GL D I 8 Information to the public

As soon as an opposition has been received, the date of filing of the opposition is entered in the Register of European Patents and published in the European Patent Bulletin. The same applies to the date on which opposition proceedings are concluded and to the outcome of the proceedings (see also A‑XI, 4).

GL D I 7 Representation

As regards the requirements relating to representation of opponents and patent proprietors, reference is made to A‑VIII, 1. Deficiencies in the representation of an opponent when filing the opposition and their remedy are dealt with in D‑IV, 1.2.1(ii) and 1.2.2.2(iv).

GL D I 6 Parties to opposition proceedings

The patent proprietor, the opponent(s) and, where applicable, the intervener(s) will be parties to the opposition proceedings. However, opponents who have withdrawn their opposition or whose opposition has been rejected as inadmissible will remain a party to the proceedings only until the date of such withdrawal or the date on which the decision on rejection has become final. The same will apply in the case of interveners.

GL D I 5 Intervention of the assumed infringer

Under certain conditions (see D‑VII, 6) third parties who prove that proceedings for infringement of the opposed patent have been instituted against them or that the patent proprietor has requested them to cease alleged infringement of the patent and that they have instituted proceedings for a court ruling that they are not infringing the patent may, after the opposition period has exp

GL D I 4 Entitlement to oppose

"Any person" may give notice of opposition without specifying any particular interest. "Any person" is to be construed in line with Art. 58 as meaning any natural person (private individual, self-employed persons, etc.), any legal person or any body assimilated to a legal person under the law governing it.

GL D I 3 Territorial effect of the opposition

The opposition applies to the European patent in all the contracting states in which that patent has effect. Thus the opposition has, in principle, to be in respect of all the designated states. If an opposition is filed in respect of only some of the designated states it will be treated as if it were in respect of all the designated states.[Art. 99(2); ]

Nevertheless, the effect of an opposition may differ as between contracting states.

GL D I 2 Opposition after surrender or lapse

An opposition may be filed even if the European patent has been surrendered or has lapsed for all designated states. This is relevant in that in such cases the rights acquired with the patent remain in existence during the period up to surrender or lapse and claims arising from such rights may subsist after that date.[Rule 75; ]

GL D II 2 Composition

GL D II 1 Administrative structure