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European Patent Convention (EPC 1973)

 
 

Rule 56 82

Rejection of the notice of opposition as inadmissible

Art. 101, 105



(1) If the Opposition Division notes that the notice of opposition does not comply with the provisions of Article 99, paragraph 1, Rule 1, paragraph 1, and Rule 55, sub-paragraph (c), or does not provide sufficient identification of the patent against which opposition has been filed, it shall reject the notice of opposition as inadmissible unless these deficiencies have been remedied before expiry of the opposition period.


(2)83 If the Opposition Division notes that the notice of opposition does not comply with provisions other than those mentioned in paragraph 1, it shall communicate this to the opponent and shall invite him to remedy the deficiencies noted within such period as it may specify. If the notice of opposition is not corrected in good time the Opposition Division shall reject it as inadmissible.


(3) Any decision to reject a notice of opposition as inadmissible shall be communicated to the proprietor of the patent, together with a copy of the notice.



82 See decisions/opinions of the Enlarged Board of Appeal G 9/91, G 10/91, G 1/95, G 7/95, G 3/99, G 1/02 (Annex I).

83 Amended by decision of the Administrative Council of 20.10.1977 which entered into force on 01.02.1978 (OJ EPO 1978, 12 ff).

Cross-reference list
R. 56 R. 77