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GL D I 1 The meaning of opposition

The public may oppose a granted European patent on the basis of one or more of the grounds mentioned in Art. 100. The grounds on which the opposition is based may arise for example from circumstances of which the EPO was not aware when the patent was granted (e.g. prior use or a publication which was not contained or not found among the material available to the EPO).

GL D I – General remarks

1. The meaning of opposition

2. Opposition after surrender or lapse

3. Territorial effect of the opposition

4. Entitlement to oppose

5. Intervention of the assumed infringer

GL D The meaning of opposition

Contents

Chapter I – General remarks

2.Opposition after surrender or lapse

3.T

GL C VA 1 Insertion of letters and words

Any insertion to the text made using the electronic tool is made in-line. No marks need to be put separately in the margins, top or bottom of the page.

In the produced PDF of the "working copy" of the "Druckexemplar", the tool will insert amendment bars to the right of amendments and indicate amended pages as such.

GL C VA – Annex Standard marks for indicating amendments or corrections by the divisions

1. Insertion of letters and words

GL C IX 4 International applications (Euro-PCT applications)

For more details on this topic, see E‑IX.

GL C IX 3 Applications where a reservation has been entered in accordance with Art. 167(2)(a) EPC 1973

See H‑III, 4.4.

GL C IX 2.4 Entitlement for certain designated states only

Where the final decision on entitlement applies only to some of the designated States, the original application may contain different claims, description and drawings for those states compared with the others (see H‑III, 4.1, last paragraph, and 4.3).[Rule 18(2); ]

If the sole result of the application of Art. 61(1) is to div

GL C IX 2.3 Partial entitlement

If, by a final decision, it is adjudged that a third party is entitled to the grant of a European patent in respect of only part of the matter disclosed in the European patent application, then the foregoing considerations apply only to that part.

GL C IX 2.2 Original application no longer pending

In cases where the original application has been withdrawn, refused or deemed to be withdrawn and is thus no longer pending, Art. 61(1)(b) is applicable, thus allowing the third party to still file a new European patent application in respect of the same invention (see G 3/92).