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Guidelines for Examination

 
 

1.2.2.2 Deficiencies under Rule 77(2)

The following deficiencies fall within this category:

(i)
the notice of opposition does not state the name, address and nationality of the opponent and the State in which his residence or principal place of business is located in the prescribed manner (see D‑III, 6(i));
(ii)
the number of the European patent against which the opposition is filed or the name of the proprietor of the patent or the title of the invention is not indicated; 

Each of the particulars listed in (ii) above must be supplied within the time limit set by the formalities officer (see D‑IV, 1.3.2), even if the contested European patent may be identified by means of one of these or other particulars within the opposition period (see D‑IV, 1.2.2.1(ii)). If the name of the proprietor of the patent as indicated by the opponent is not the same as that recorded in the Register, the formalities officer will inform the opponent of the proprietor's correct name.

(iii)
where the opponent has appointed a representative, the name or the address of the place of business of such representative is not indicated in the notice of opposition in the prescribed manner (see D‑III, 6(iv));
(iv)
the opponent has neither his residence nor his principal place of business in one of the Contracting States (Art. 133(2)) and has not communicated the appointment of a professional representative (Art. 134). In the communication requesting him to remedy such deficiency the opponent must also be asked to arrange for the signature or approval of the notice of opposition by the representative to be appointed; and
(v)
the notice of opposition fails to satisfy further formal requirements other than those mentioned in Rule 77(1). For instance, it may fail to comply with the provisions of Rule 50(2) without due justification.