The patent proprietor of the patent, the opponent(s) and, where applicable, the intervener(s) will be parties to the opposition proceedings. However, an opponent who has withdrawn his opposition or whose opposition has been rejected as inadmissible will remain a party to the proceedings only until the date of such withdrawal or the date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. Third parties who have presented observations concerning the patentability of the invention in respect of which an application has been filed are not parties to opposition proceedings (see E‑V, 3).
Where a person provides evidence that in a Contracting Statecontracting state, following a final decision, he has been entered in the patent register of that State instead of the previous patent proprietor, he is entitled on request to replace the previous patent proprietor in respect of that State. In this event, by derogation from Art. 118, the previous patent proprietor and the person making the request are not deemed to be joint patent proprietors unless both so request. The aim of this provision is to afford the new patent proprietor the opportunity of defending himself against the opposition as he sees fit (see D‑VII, 3.2, as regards the conduct of the opposition proceedings in such cases).