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The European Patent Convention


Rule 82[ 90 ]
Maintenance of the European patent in amended form

Before the Opposition Division decides to maintain the European patent as amended, it shall inform the parties of the text in which it intends to maintain the patent, and shall invite them to file their observations within two months if they disapprove of that text. 
If a party disapproves of the text communicated by the Opposition Division, examination of the opposition may be continued. Otherwise, the Opposition Division shall, on expiry of the period under paragraph 1, invite the proprietor of the patent to pay the prescribed fee and to file a translation of any amended claims in the official languages of the European Patent Office other than the language of the proceedings, within a period of three months.
If the acts required under paragraph 2 are not performed in due time, they may still be performed within two months of a communication concerning the failure to observe the time limit, provided that a surcharge is paid within this period. Otherwise, the patent shall be revoked.
The decision to maintain the European patent as amended shall state which text of the patent forms the basis for the decision. 
See decisions of the Enlarged Board of Appeal G 1/88, G 1/90 (Annex I).
Amended by decision of the Administrative Council CA/D 2/10 of 26.10.2010 (OJ EPO 2010, 637), entered into force on 01.04.2012.

Art. 65, 101, 105, 123
R. 89

Version history +
13.12.2007 - 31.03.2009 
Decision of the Administrative Council of 07.12.2006 (CA/D 10/06), (OJ EPO 2007, 8 and Special edition 1/2007)
01.04.2009 - 31.03.2012 
CA/D 4/08 (OJ EPO 2008, 513)
01.04.2012 -  
CA/D 2/10 (OJ EPO 2010, 637)
Cross-reference list
EPC EPC 1973
R. 82R. 58(4), (5), (6), (7), (8)