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Guidelines for Examination

 
 

4.2Invitation to file amended documents

If the Opposition Division considers that the European patent cannot be maintained in an unamended form, it must inform the proprietor of the patent accordingly, stating the grounds, and give him the opportunity to amend, in appropriate cases, the description, claims and drawingsin appropriate cases invite him to file, where necessary, the description, claims and drawings in amended form. As regards the time limit here, see E‑VII, 1.2. Where necessary, the description adjusted in line with the new claims should also deal with the state of the art as set out in the opposition proceedings, the technical purpose and the advantages of the invention as it will then stand. However, if the proprietor has neither requested oral proceedings nor filed amendments (including any auxiliary requests), the patent can be revoked directly on the basis of the grounds, evidence and arguments on file (see also E‑IX, 1.1).

Proposals for amendment filed at a late stage in the proceedings may be disregarded (see T 406/86).

For amended documents, see H‑III, 2.

References

Rule 81(2) and (3)