9. Delivery of the decision 

The decision is delivered after the person conducting the proceedings has announced the operative part (see also E‑III, 8.11 and E‑IX, 2.3 E‑X, 2.3).

The operative part may, for example, read as follows:

"The patent application ... is refused." or

"The opposition to the patent ... is rejected." or

"The patent ... is revoked." or

"Taking account of the amendments made by the proprietor in the opposition proceedings, the patent and the invention to which it relates satisfy the requirements of the Convention." or

"The request for limitation of the patent .... is allowable." or

"The request for limitation of the patent .... is rejected." or

"Patent grant proceedings relating to European patent application No. ... are interrupted/resumed as from ..."

Once a decision has been pronounced, submissions of the party or parties can no longer be considered and the decision stands, subject to the correction of any errors in accordance with Rule 140. It may only be amended on appeal (see E‑XI, 1, E‑XI, 7 and E‑XI, 8E‑XII, 1, E‑XII, 7 and E‑XII, 8).

There is no need at this point to give the reasons for the decision or mention the possibility of appeal. The examining or opposition division may nevertheless briefly explain the reasons.

The written decision (see E‑IXE‑X) containing the reasons and information about the right of appeal must then be notified to the parties without undue delay. The period for appeal will only begin to run from the date of notification of the written decision.

Generally speaking, a decision granting a European patent or maintaining it in amended or limited form cannot be given at oral proceedings, because the requirements in Rule 71(3) to Rule 71(7) have to be fulfilled for a grant, as do the requirements in Rule 82(1) and Rule 82(2) or Rule 95(3) for maintenance of a patent in amended or limited form.

The division further ensures that the result of oral proceedings in opposition is made available to the public online immediately after the hearing. If the patent is maintained on the basis of amendments filed during oral proceedings, these amendments are made public as well.