CHAPTER I

GENERAL REMARKS

1.

The meaning of opposition

2.

Opposition after surrender or lapse

3.

Territorial effect of the opposition

4.

Entitlement to oppose

5.

Intervention of the assumed infringer

6.

Parties to opposition proceedings

7.

Representation

8.

Information to the public

CHAPTER II

THE OPPOSITION DIVISION

1.

Administrative structure

2.

Composition

2.1

Technically qualified examiners

2.2

Legally qualified examiners

2.3

Chairman

3.

Allocation of duties and appointment of members of the Opposition Division

4.

Tasks of the Opposition Divisions

4.1

Examination of oppositions

4.2

Decision concerning the awarding of costs by the Opposition Division

4.3

Ancillary proceedings

5.

Allocation of tasks to members

6.

Duties and powers of members

7.

Allocation of individual duties

CHAPTER III

OPPOSITION

1.

Time allowed for filing notice of opposition

2.

Opposition fee

3.

Submission in writing

3.1

Form of the opposition

3.2

Notices of opposition filed by fax

3.3

Signature of the notice of opposition

4.

Derogations from language requirements

5.

Grounds for opposition

6.

Content of the notice of opposition

CHAPTER IV

PROCEDURE UP TO SUBSTANTIVE EXAMINATION

1.

Examination for deficiencies in the notice of opposition and communications from the formalities officer arising from this examination

1.1

Forwarding of the notice of opposition to the formalities officer

1.2

Examination for deficiencies in the notice of opposition

1.2.1

Deficiencies which, if not remedied, lead to the opposition being deemed not to have been filed

1.2.2

Deficiencies which, if not remedied, lead to the opposition being rejected as inadmissible

1.2.2.1

Deficiencies under Rule 77(1)

1.2.2.2

Deficiencies under Rule 77(2)

1.3

Issue of communications by the formalities officer as a result of examination for deficiencies

1.3.1

Communication in the event of deficiencies as described in IV, 1.2.1, which, if not remedied, will lead to the opposition being deemed not to have been filed

1.3.2

Communication in the event of deficiencies as described in IV, 1.2.2, which, if not remedied, will lead to rejection of the opposition as inadmissible

1.3.3

Extent of the formalities officer's obligation to issue the above communications

1.4

Subsequent procedure in the event of deficiencies which may no longer be remedied

1.4.1

Deficiencies which may no longer be remedied, as a result of which the opposition is deemed not to have been filed

1.4.2

Deficiencies which may no longer be remedied in accordance with Rule 77(1) and (2), resulting in the opposition being rejected as inadmissible

1.5

Notifications to and observations by the proprietor

1.6

Subsequent procedure

2.

Activity of the Opposition Division

3.

Rejection of the opposition as inadmissible by the Opposition Division, the proprietor of the patent not being a party

4.

Termination of opposition proceedings in the event of inadmissible opposition

5.

Preparation of substantive examination

5.1

Inadmissibility at a later stage

5.2

Invitation to the proprietor of the patent to submit comments and communication of opposition to the other parties concerned by the formalities officer

5.3

Filing of amended documents in reply to the notice of opposition

5.4

Communication of observations from one of the parties to the other parties

5.5

Decision concerning the admissibility of an opposition, the proprietor of the patent being a party

5.6

Examination of the admissibility of an intervention and preparations in the event of an intervention

CHAPTER V

SUBSTANTIVE EXAMINATION OF OPPOSITION

1.

Beginning of the examination of the opposition

2.

Extent of the examination

2.1

Extent to which the patent is opposed

2.2

Examination of the grounds for opposition

3.

Non-patentability pursuant to Art. 52 to 57

3.1

State of the art made available to the public "by use or in any other way"

3.1.1

Types of use and instances of state of the art made available in any other way

3.1.2

Matters to be determined by the Opposition Division as regards use

3.1.3

Ways in which subject-matter may be made available

3.1.3.1

General principles

3.1.3.2

Agreement on secrecy

3.1.3.3

Use on non-public property

3.1.3.4

Example of the accessibility of objects used

3.1.3.5

Example of the inaccessibility of a process

3.2

State of the art made available by means of oral description

3.2.1

Cases of oral description

3.2.2

Non-prejudicial oral description

3.2.3

Matters to be determined by the Opposition Division in cases of oral description

3.3

State of the art made available to the public in writing or by any other means

4.

Insufficient disclosure of the invention

4.1

Required form of disclosure

4.2

Disclosure of inventions relating to biological material

4.3

Burden of proof as regards the possibility of performing and repeating the invention

4.4

Cases of partially insufficient disclosure

4.4.1

Only variants of the invention are incapable of being performed

4.4.2

Absence of well-known details

4.4.3

Difficulties in performing the invention

5.

Subject-matter of the European patent extending beyond the original disclosure

5.1

Basis of this ground for opposition

5.2

Distinction between allowable and unallowable amendments

6.

Extension of protection

6.1

General remarks

6.2

Examination of amendments to the claims

6.3

Change of category of claim

CHAPTER VI

PROCEDURE FOR THE EXAMINATION OF THE OPPOSITION

1.

General remarks

2.

Adherence to the text of the European patent submitted or approved by the proprietor

2.1

Basis for the examination

2.2

Revocation of the patent

3.

Invitation to file observations

3.1

Examiners' communications

3.2

Summons to oral proceedings

4.

Communications from the Opposition Division to the proprietor of the patent

4.1

Communications from the Opposition Division; reasoned statement

4.2

Invitation to file amended documents

5.

Additional search

6.

Examination of the opposition during oral proceedings

7.

Preparation of the decision

7.1

General remarks

7.2

Preparation of a decision to maintain a European patent in amended form

7.2.1

Procedural requirements

7.2.2

Decision on the documents on the basis of which the patent is to be maintained

7.2.3

Request for printing fee and translations

CHAPTER VII

DETAILS AND SPECIAL FEATURES OF THE PROCEEDINGS

1.

Sequence of proceedings

1.1

Basic principle

1.2

Exceptions

2.

Request for documents

3.

Unity of the European patent

3.1

Basic principle

3.2

Factors affecting the unity of the European patent

4.

Texts of the European patent which are different for different Contracting States

4.1

Different texts where the entitled person takes part in the proceedings

4.2

Different text where the state of the art is different pursuant to Art. 54(3) and (4) under EPC 1973

4.3

Different text where a partial transfer of right by virtue of a final decision pursuant to Art. 61 and Rule 16(1) and (2) has taken place

4.4

Different text where national rights of earlier date exist

5.

Procedure where the proprietor is not entitled

5.1

Stay of proceedings

5.2

Continuation of proceedings

5.3

Interruption of time limits

5.4

Department responsible

6.

Continuation of the opposition proceedings in the cases covered by Rule 84

6.1

Continuation in the case of surrender or lapse of the patent

6.2

Continuation on the death or legal incapacity of the opponent

6.3

Continuation after the opposition has been withdrawn

7.

Intervention of the assumed infringer

8.

Publication of a new specification of the patent

CHAPTER VIII

DECISIONS OF THE OPPOSITION DIVISION

1.

Final decisions on an admissible opposition

1.1

General remarks

1.2

Revocation of the European patent

1.2.1

Revocation on substantive grounds

1.2.2

Revocation for failure to pay the prescribed fee for printing or to file a translation

1.2.3

Revocation for failure to notify the appointment of a new representative

1.2.4

Revocation in the event of requirements not being met until after expiry of time limits

1.2.5

Revocation of the patent in the event that the proprietor no longer wishes the patent to be maintained as granted

1.3

Rejection of the opposition

1.4

Maintenance of the European patent as amended

1.4.1

Taking of a final decision

1.4.2

Statement in the decision of the amended form of the European patent

2.

Other decisions

2.1

Decision on the inadmissibility of an opposition or intervention

2.2

Decisions which do not terminate proceedings

2.3

Decision on a notified loss of rights at the request of the person concerned

2.4

Decision on re-establishment of rights

2.5

Decision on closure of the opposition proceedings

CHAPTER IX

COSTS

1.

Charging of costs

1.1

General principle

1.2

Decisions on the apportionment of costs

1.3

Costs to be taken into consideration

1.4

Principle of equity

2.

Procedure for the fixing of costs

2.1

Fixing of costs by the Opposition Division

2.2

Appeal against the fixing of costs by the Opposition Division

3.

Enforcement of the fixing of costs

CHAPTER X

LIMITATION AND REVOCATION PROCEDURE

1.

Introduction

2.

Examination for deficiencies in the request

2.1

Deficiencies which lead to the request being deemed not to have been filed

2.2

Deficiencies which, if not remedied, lead to the request being rejected as inadmissible

3.

Decision on request for revocation

4.

Substantive examination (limitation)

4.1

Department responsible

4.2