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Guidelines for Examination

 
 
3.
Exceptions from sections 1 and 2 

Derogations from the provisions of Rule 4(1) are permitted, and these are at the discretion of the EPO. Clearly such permission must depend on the circumstances of the individual case. It may, for example, be envisaged that a party is unable to give one month's notice through no fault of his own, and, although he has made arrangements for an interpreter, the latter is unable (e.g. through illness) to attend. If, in such circumstances, the EPO is unable to provide for interpreting, it should postpone the oral proceedings if they occur at the examination stage. However, in opposition proceedings, the oral proceedings should continue if the parties agree and the employees of the EPO involved in the proceedings can cope with the language. In other cases, the EPO should postpone the oral proceedings and any costs incurred by the innocent party as a result of the postponement should be a matter for apportionment under Art. 104.

References

Rule 4(1)