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Guidelines for Examination

 
 
5.2
Invitation to the proprietor of the patent to submit comments and communication of opposition to the other parties concerned by the formalities officer 

If the formalities officer considers that no further ex-officio objection to the admissibility of each or the only opposition remains, he will invite the proprietor of the patent, immediately after expiry of the opposition period or the period laid down by the formalities officer for the remedying of the deficiencies in accordance with Rule 77(2) (see D-IV, 1.2.2.2), or for the presentation of evidence (see D-IV, 1.2.2.1(v)), to file his observations concerning the oppositions communicated earlier and to file amendments, where appropriate, to the description, claims and drawings within a period to be fixed by the formalities officer (normally four months). This also applies to oppositions where a decision to the effect that they are deemed not to have been filed or are inadmissible has not yet been taken or has not yet become final.

If several notices of opposition have been filed, the formalities officer will communicate them to the other opponents at the same time as the communication provided for in the previous paragraph. This will not be combined with an invitation to file observations or the setting of a time limit.

However, copies of documents specified as patent documents are transmitted only upon request. All documents are available for inspection via the Register Plus online service (Notice from the EPO dated 3 June 2009, OJ EPO 2009, 434).

References

Rule 79(1) and (2)