2. Scope of the technical opinion 

The examining division is obliged to give a "technical opinion" on request. This means that the division is bound to give an opinion only in so far as the questions put are of a technical character. However, the examining division must not be too restrictive about this and will attempt to assist the national court as much as is reasonably possible, while remembering that the actual decision on infringement or revocation is exclusively a matter for the national court.

Generally speaking, the examining division attempts to give a technical opinion on any technical question which is similar to those normally dealt with in European substantive examination work, even when it also has a legal dimension. On the other hand, the examining division will decline to make any specific statement on whether a patent is valid or on whether it is infringed. It also does not give any opinion on the extent of protection (Art. 69 and the accompanying Protocol).

A request from a national court is expected to be clearly and precisely worded, so that the examining division will be in no doubt about the questions on which the court wishes to have an opinion. Since the court is responsible for deciding the issues of law involved in the questions and since most questions are a mixture of legal and technical aspects, the court is expected to separate the legal aspects as clearly as possible from the technical aspects it wants the EPO to give an opinion on.