2.2.8 Substantiation of grounds for opposition: indication of facts, evidence and arguments

Rule 76(2)(c) EPC requires that the notice of opposition contain a statement of the extent to which the European patent is opposed and of the grounds on which the opposition is based, as well as an indication of the facts and evidence presented in support of these grounds.

a) No "partial inadmissibility"

b) Relevant date for compliance

c) Full and concise reasoning

d) Substantiation to be distinguished from strength of the opponent's case

e) Indication of evidence

f) No burden of proof with regard to negative facts

g) Examples – sufficient substantiation acknowledged

h) Examples – sufficient substantiation denied

i) Alleged public prior use

j) Non-patent literature and oral disclosures

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2.2.8 Substantiation of grounds for opposition: indication of facts, evidence and arguments

2.2.8 Substantiation of grounds for opposition: indication of facts, evidence and arguments