Guidelines for Examination

Once the preparations for the examination of the opposition have been completed pursuant to Rule 79, the Opposition Division examines whether the grounds for opposition (see D-III, 5) laid down in Art. 100 prejudice the maintenance of the European patent. The examination may also begin if a single admissible opposition has been withdrawn in the interim (see D-VII, 5.3). If the opponent has died or is legally incapacitated, the examination may begin even without the participation of the heirs or legal representatives (see D-VII, 5.2).