8.5 Submissions by the parties 

After the introduction referred to above, the party or parties will be given the floor in order to put their cases and to make procedural applications and state the grounds for them. Each party will normally have only one opportunity to make a comprehensive statement.

In opposition proceedings, the opponents will generally speak first and the patent proprietor afterwards. Where there are several opponents, it may be expedient to grant the patent proprietor an opportunity to reply directly after the statement of each individual opponent. The opponents and the patent proprietor will be given the opportunity to give a final reply.

The party or parties may prepare their submissions in writing, but they are expected to speak as freely as possible when presenting them. Where passages from documents already on file are referred to again, they may be read out only if their precise wording is relevant.

Submissions by a person who is not qualified under Art. 133 and Art. 134 to represent parties to proceedings before the EPO may be admitted at oral proceedings when this person accompanies a professional representative representing one of the parties. However, such submissions, cannot be made as a matter of right, but only with the permission and at the discretion of the examining or opposition division or the Legal Division. In exercising its discretion, an opposition division will consider whether (see G 4/95):

(i)the party on behalf of which the person is to speak has filed a request to this effect 

(ii)the party filing the request has indicated the person's name, the subject-matter of their submission and how they are qualified to speak on the matter 

(iii)the request has been filed sufficiently in advance of the oral proceedings 

(iv)in the case of a late-filed request, either there are exceptional circumstances justifying the admission of the submission or all the other parties agree to the making of the submission 

(v)the submissions are made under the continuous responsibility and supervision of the professional representative. 

If neither of the alternative conditions mentioned under (iv) are met, a late-filed request will be refused. The date fixed in the summons under Rule 116 is to be applied when deciding whether a request was late-filed.

If a party is represented by an authorised employee rather than a professional representative, the same considerations apply in respect of a person accompanying this employee. As no other party is affected, examining divisions can adopt a more liberal approach than opposition divisions.

Parties to the proceedings are not to be considered accompanying persons within the meaning of G 4/95 (see T 621/98). They have the right to make submissions in oral proceedings by virtue of their status as party.