2. Decisions taken by the examining or opposition divisions 

In substantive examination, applicants must have an opportunity to present their comments on all the grounds invoked against their application.

The search under Art. 54(3) must be completed before the examining division can refuse an application (see also C‑IV, 7.1).

If the patent is to be revoked in opposition proceedings, it must be ensured that the proprietor of the patent in particular is given sufficient opportunity to defend themselves. Similarly, if the oppositions are to be rejected or if, despite the opponents' requests, the patent is to be maintained in amended form, the opponents in particular must be given the same opportunity. A decision may be based on grounds indicated in a document from one of the parties, provided the document has been sent to the other parties and so they have had an opportunity to comment.

If more than two months have elapsed between dispatch of the document "only for information" and the issue of the decision, this generally means that parties have had sufficient opportunity to comment and their right to be heard has therefore been respected (T 263/93).

If the patent is to be maintained in amended form, there must be a text of the claims and description which has been approved by the patent proprietor (D‑VI, 2), and the opponent or opponents must have had an opportunity to comment on it.