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Guidelines for Examination

 
 

6. Content of the notice of opposition

The notice of opposition, filed in a written reasoned statement, must contain:

(i)
the name, address and nationality of the opponent and the State in which his residence or principal place of business is located. Names of natural persons must be indicated by the person's family name and given name(s), the family name being indicated before the given name(s). Names of legal entities, as well as companies considered to be legal entities by reason of the legislation to which they are subject, must be indicated by their official designations. Addresses must be indicated in such a way as to satisfy the customary requirements for prompt postal delivery at the indicated address. They must comprise all the relevant administrative units, including the house number, if any. Opponents (whether natural or legal persons) whose residence or principal place of business is in an EPC contracting state and who act without a professional representative can use an address for correspondence other than their residence. The address for correspondence must be the opponent's own address. Post cannot be sent to a different (natural or legal) person, since that requires a valid form of representation under Art. 133 and 134. It is recommended that the telephone and fax number be indicated (see D‑IV, 1.2.2.2(i) and 1.4.2);
(ii)
the number of the European patent against which opposition is filed, the name of the proprietor and the title of the invention (see D‑IV, 1.2.2.2(ii) and 1.4.2);
(iii)
a statement of the extent to which the European patent is opposed and of the grounds on which the opposition is based as well as an indication of the facts, and evidenceand arguments presented in support of these grounds, together with a statement of reasons, i.e. arguments (see D‑IV, 1.2.2.1(iii), (iv) and to (v) and 1.4.2). However, in order to streamline opposition procedure it is recommended that a single copy of any written evidence be submitted as soon as possible and ideally with the notice of opposition (see D‑IV, 1.2.2.1(v), last two paragraphs);
(iv)
if the opponent has appointed a representative, his name and the address of his place of business in accordance with the provisions of sub-paragraph (i) as set out above (see D‑IV, 1.2.2.2(iii) and 1.4.2).

D‑IV, 1 sets out further details and explains how to deal with the opposition if one of these requirements is not fulfilled.