Invitation to file amended documents 

If the opposition division considers that the European patent cannot be maintained in an unamended form, it must inform the patent proprietors accordingly, stating the grounds, and give them the opportunity to amend, in appropriate cases, the description, claims and drawings. As regards the time limit here, see E‑VIII, 1.2. Where necessary, the description adjusted in line with the new claims will also deal with the state of the art as set out in the opposition proceedings, the technical purpose and the advantages of the invention as it will then stand. However, if the patent proprietor has neither requested oral proceedings nor filed amendments (including any auxiliary requests), the patent can be revoked directly on the basis of the grounds, evidence and arguments on file (see also E‑X, 1.1).

Proposals for amendment filed at a late stage in the proceedings may be disregarded (see T 406/86).

For amended documents, see H‑III, 2.

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