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Guidelines for Examination

 
 

1.3.3 Extent of the formalities officer's obligation to issue the above communications

Although the formalities officer is not obliged to do so, he should notify the opponent of deficiencies as described in D‑IV, 1.2.1(i), (iii) and (iv), and D‑IV, 1.2.2.1, in good time before the expiry of the time-limits within which it is still possible to remedy the deficiencies. However, the opponent can seek no legal remedy against failure to issue these communications, which should be regarded merely as a service afforded the opponent by the EPO so as largely to obviate any adverse legal consequences. Deficiencies as described in D‑IV, 1.2.1(ii) and 1.2.2.2 must in any event be officially notified to the opponent, since this is a statutory requirement. Should this communication inadvertently be omitted notwithstanding deficiencies of this type in the notice of opposition, the opponent may submit the missing particulars on his own initiative at any time, even after the expiry of the opposition period without suffering adverse legal consequences.