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Guidelines for Examination

 
 

8.5.1.1 Opposition proceedings (inter partes)

As a prerequisite, copies of the material to be presented must be provided in good time before the oral proceedings, i.e. Rule 116 applies. These copies are treated like any other submission made in writing.

The Opposition Division should decide whether the presentation of a computer-generated slideshow would facilitate the proceedings, after having heard the parties and taking into account whether allowing or refusing the use of the presentation would be detrimental to any participant.

A balance should be found between the presenter's interest in defending his case in the most appropriate manner, and the opposing party's need to fully understand the submissions made and to have a true opportunity to respond.

The presentation of computer-generated slideshows in oral proceedings should be allowed if in the absence of this visual aid it would be much more difficult to follow the party’s submissions. For example, slides showing:

(a)
the structure or functioning of a product which is complex, or 
(b)
complicated reaction schemes, 
(c)
complex formulae, or 
(d)
the operation of a complex apparatus 

might be considered by the Opposition Division to facilitate the discussion.

If copies of the material to be presented have not been filed in good time, or if the slides contain new matter, the presentation may be disregarded under Art. 114(2) and Rule 116. In this case the Opposition Division will apply the same criteria for admissibility as are used for other late-filed facts or evidence (see E‑II, 8.6).