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Guidelines for Examination

 
 
Table of Contents - Guidelines for Examination
Part D Guidelines for Opposition and Limitation/Revocation Procedures
Chapter IV – Procedure up to substantive examination
3. Rejection of the opposition as inadmissible by the Opposition Division, the proprietor of the patent not being a party
3.
Rejection of the opposition as inadmissible by the Opposition Division, the proprietor of the patent not being a party 

(For rejection of the opposition as inadmissible at a later stage, the proprietor of the patent being a party, see D-IV, 5.1 and 5.5)

In cases of insufficient substantiation, where the formalities officer is not competent to decide on the inadmissibility (see D-IV, 1.2.2.1(v)), the Opposition Division will either:

(i)
issue the decision rejecting the opposition as inadmissible (when the formalities officer has already informed the opponent of this deficiency pursuant to D-IV, 1.3.2); or
(ii)
consider the opposition admissible and continue with examination of the opposition (see D-V); or
(iii)
communicate its findings to the opponent in question and at the same time request him to submit observations.

If the opponent does not refute the opinion expressed by the Opposition Division on the existence of these deficiencies which may no longer be corrected, the Opposition Division will reject the notice of opposition as inadmissible, possibly after having held oral proceedings. As regards the form of the decision, see E-IX, 4 and 5.

The decision will be communicated to the other parties. An inadmissible opposition or documents produced in support of an inadmissible opposition will be placed in the files and will therefore be available for inspection in accordance with Art. 128(4). As regards the possibility of taking them into consideration as observations by third parties, see D-V, 2.2 and E-V, 3. If there are further admissible oppositions, for reasons of procedural economy this decision to reject the opposition as inadmissible will normally be taken at the end of the procedure together with the decision on the admissible oppositions.

For the possibility of appeal by the opponent and other possible means of redress, see E-X, 1 and 7.