EUROPEAN PATENT CONVENTION - Table of Contents Implementing Regulations to the Convention on the Grant of European Patents PART V - IMPLEMENTING REGULATIONS TO PART V OF THE CONVENTION Chapter I - Opposition procedure   Rule 77 - Rejection of the opposition as inadmissible

Rule 7744 Rejection of the opposition as inadmissible

Art. 99, 101, 105 R. 78, 89

(1)*  If the Opposition Division notes that the notice of opposition does not comply with Article 99, paragraph 1, or Rule 76, paragraph 2(c), or does not sufficiently identify the patent against which opposition has been filed, it shall reject the opposition as inadmissible, unless these deficiencies have been remedied before expiry of the opposition period.

(2) If the Opposition Division notes that the notice of opposition does not comply with provisions other than those referred to in paragraph 1, it shall communicate this to the opponent and shall invite him to remedy the deficiencies noted within a period to be specified. If the deficiencies are not remedied in due time, the Opposition Division shall reject the opposition as inadmissible.

(3) The decision to reject an opposition as inadmissible shall be communicated to the proprietor of the patent, together with a copy of the notice of opposition.

44 See decisions of the Enlarged Board of Appeal G 9/91, G 10/91, G 1/95, G 7/95, G 3/99, G 1/02 (Annex I).

* English version amended by decision of the Administrative Council CA/D 4/08 of 21.10.2008 (OJ EPO 2008, 513) which entered into force on 01.04.2009.