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

(i)The opposition fee has not been paid within the opposition period or the amount paid is insufficient (Art. 99(1); see also G 1/18). However, if all but a small amount of the opposition fee has been paid (e.g. due to the deduction of bank charges) within the opposition period, the formalities officer examines whether the shortfall can be overlooked where this is justified. If they conclude that the shortfall can be overlooked, the opposition fee is deemed paid and there is no deficiency in the present sense.

(ii)The document giving notice of opposition is not signed and this is not rectified within the period set by the formalities officer, which is fixed at two months as a rule (see E‑VIII, 1.2) (Rule 50(3)).

For cases covered by Art. 133(2) (see also D‑IV, 1.2.2.2(iv)), a professional representative first has to be appointed within the prescribed time limit. The above applies if the appointed representative then fails to remedy such deficiency either by signing the notice or by approving it in writing.

(iii)Where a notice of opposition is filed by the representative or employee of an opponent, and the authorisation, where required (see A‑VIII, 1.6 and the decision of the President of the EPO dated 7 July 2025, OJ EPO 2025, A458 July 2024, OJ EPO 2024, A75), is not supplied in due time (Rule 152(1) to Rule 152(3) and Rule 152(6)).

(iv)The opposition is submitted within the opposition period but not in an official language of the EPO, as specified in Rule 3(1), or if Art. 14(4) applies to the opponent, the translation of the elements referred to in Rule 76(2)(c) is not submitted within the opposition period (see also A‑VII, 2, G 6/91 and T 193/87). This period is extended where the one-month period as required under Rule 6(2) expires later. This deficiency exists if the opposition is not filed in English, French or German or if, for example, an opponent from Belgium files an opposition in time in Dutch but fails to file the English, French or German translation of the essential elements within the above-mentioned time limits.

For oppositions which, upon submission, are deemed not filed because of deficiencies as described above, see the subsequent procedure as described in D‑IV, 1.3.1, D-IV, 1.3.3 and D-IV, 1.4.1.