EUROPEAN PATENT CONVENTION 1973: PART I - GENERAL AND INSTITUTIONAL PROVISIONS, Chapter III - The European Patent Office, Article 19 - Opposition Divisions

Article 19 14

Opposition Divisions

Art. 99
R. 9

(1) An Opposition Division shall be responsible for the examination of oppositions against any European patent.

(2) An Opposition Division shall consist of three technical examiners, at least two of whom shall not have taken part in the proceedings for grant of the patent to which the opposition relates. An examiner who has taken part in the proceedings for the grant of the European patent shall not be the Chairman. Prior to the taking of a final decision on the opposition, the Opposition Division may entrust the examination of the opposition to one of its members. Oral proceedings shall be before the Opposition Division itself. If the Opposition Division considers that the nature of the decision so requires, it shall be enlarged by the addition of a legally qualified examiner who shall not have taken part in the proceedings for grant of the patent. In the event of parity of votes, the vote of the Chairman of the Division shall be decisive.

14 See decision/opinion of the Enlarged Board of Appeal G 5/91, G 1/02 (Annex I).

Cross-reference list
Art. 19 Art. 19

Quick Navigation