Maintenance of the European patent in amended form

According to rule 82 of the European Patent Convention (EPC) Implementing Regulations (IR) ,


Before the Opposition Division decides to maintain the European patent as amended, it shall inform the parties of the text in which it intends to maintain the patent, and shall invite them to file their observations within two months if they disapprove of that text.


If a party disapproves of the text communicated by the Opposition Division, examination of the opposition may be continued. Otherwise, the Opposition Division shall, on expiry of the period under paragraph 1 , invite the proprietor of the patent to pay the prescribed fee and to file a translation of any amended claims in the official languages of the European Patent Office (EPO) other than the language of the proceedings, within a period of three months. Where, in oral proceedings, decisions unde Article 106, paragraph 2 of the EPC (Decisions subject to appeal) or Article 111, paragraph 2 of the EPC (Decisions in respect of appeals) have been based on documents not complying with Rule 49, paragraph 8 of the EPC IR (General provisions governing the presentation of the application documents) the proprietor of the patent shall be invited to file the amended text in a form compliant with Rule 49, paragraph 8, of the EPC IR within the three-month period.


If the acts required under paragraph 2 are not performed in due time, they may still be performed within two months of a communication concerning the failure to observe the time limit, provided that a surcharge is paid within this period. Otherwise, the patent shall be revoked.


The decision to maintain the European patent as amended shall state which text of the patent forms the basis for the decision.


Prepared, November 18th , 2022

by European Patent Registration and Consulting Services

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

Tel.+41 76 7094620 ; Tel+41 76 6282 273

Fax.+4989 919454; Tel.+38970 260 389 ; Fax. +389 2 3239 168