5. Preparation of substantive examination
5.2 Invitation to the patent proprietor to submit comments and communication of opposition to the other parties concerned by the formalities officer
If the formalities officer considers that for at least one opposition no ex officio objection remains either to the admissibility or to a deficiency mentioned in D‑IV, 1.2.1, they will invite the patent proprietor to file observations concerning the oppositions communicated earlier and to file amendments, where appropriate, to the description, claims and drawings. This invitation will be sent immediately after expiry of the opposition period or the period laid down by the formalities officer for the remedying of the deficiencies in accordance with Rule 77(2) (see D‑IV, 1.2.2.2) or for the presentation of evidence (see D‑IV, 1.2.2.1(v)). It will normally be issued with a four-month time limit for reply (see E‑VIII, 5 for accelerated processing of oppositions). Extension of the time limit will only be granted in exceptional cases on the basis of a duly substantiated request (see E‑VIII, 1.6 and the notice from the EPO dated 31 May 2016, OJ EPO 2016, A42).
If several notices of opposition have been filed, the formalities officer will communicate them to the other opponent(s) at the same time as the communication provided for in the previous paragraph. This will not be combined with an invitation to file observations or the setting of a time limit.
However, copies of all documents annexed to notices of oppositionsupporting the parties' submissions, which are available for inspection and for download via the Register, will no longer be automatically transmitted (see A‑XI, 2 and the notice from the EPO dated 9 March 2022, OJ EPO 2022, A2828 August 2020, OJ EPO 2020, A106).
Rule 79(1) and Rule 79(2)