8.5.1.1 Opposition proceedings (inter partes)

Copies of the material to be presented must be provided in good time before the oral proceedings, i.e. Rule 116 applies. These copies are treated like any other submission made in writing.

The opposition division will decide whether presenting a computer-generated slideshow would facilitate the proceedings after having heard the parties and considered whether allowing or refusing it would be detrimental to any participant.

A balance must be struck between the presenter's interest in defending the case in the most appropriate manner and the other party's need to fully understand the submissions made and to have a true opportunity to respond.

The presentation of computer-generated slideshows at oral proceedings will be allowed if it would be much more difficult to follow the party's submissions without this visual aid. For example, the opposition division may consider that slides showing:

(a)the structure or functioning of a product which is complex 

(b)complicated reaction schemes 

(c)complex formulae or 

(d)the operation of a complex apparatus 

will facilitate the discussion.

If copies of the material to be presented have not been filed in good time, or if the slides contain new matter, the presentation may be disregarded under Art. 114(2) and Rule 116. In deciding on this, the opposition division will apply the same criteria for admissibility as are used for other late-filed facts or evidence (see E‑VI, 2).