European patent - Rejection of the opposition as inadmissible

According to the EPO Regulations and Rule 77 of the European Patent Convention (EPC) Implementing Regulations (IR),

 

(1)

If the Opposition Division notes that the notice of opposition to European Patent Office was not given within nine months of the publication of the mention of the grant of the European patent in the European Patent Bulletin and the opposition fee has not been paid or the given opposition does not contain a statement of the extent to which the European patent is opposed and of the grounds on which the opposition is based, as well as an indication of the facts and evidence presented in support of these grounds; or does not sufficiently identify the patent against which opposition has been filed, it shall reject the opposition as inadmissible, unless these deficiencies have been remedied before expiry of the opposition period.

 

(2)

If the Opposition Division notes that the notice of opposition does not comply with provisions other than those referred to in paragraph 1 of this Rule, it shall communicate this to the opponent and shall invite him to remedy the deficiencies noted within a period to be specified. If the deficiencies are not remedied in due time, the Opposition Division shall reject the opposition as inadmissible.

 

(3)

The decision to reject an opposition as inadmissible shall be communicated to the proprietor of the patent, together with a copy of the notice of opposition.

 

Prepared , July 17th , 2022

by European Patent Registration and Consulting Services

prov. by Lawyers Antevski member of network of ARI INTERNATIONAL Law &Trade from Liechtenstein

http://www.european-patent-registration.com

European Patent Registration and Consulting Services

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