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Chapter III – The European Patent Office

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  1. Home
  2. The European Patent Convention – Contents
  3. European Patent Convention
  4. Part I
  5. Chapter III
  6. Article 19
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Article 19 – Opposition Divisions

Article 10 – Management
Article 11 – Appointment of senior employees
Article 12 – Duties of office
Article 13 – Disputes between the Organisation and the employees of the European Patent Office
Article 14 – Languages of the European Patent Office, European patent applications and other documents
Article 15 – Departments entrusted with the procedure
Article 16 – Receiving Section
Article 17 – Search Divisions
Article 18 – Examining Divisions
Article 19 – Opposition Divisions
Article 20 – Legal Division
Article 21 – Boards of Appeal
Article 22 – Enlarged Board of Appeal
Article 23 – Independence of the members of the Boards
Article 24 – Exclusion and objection
Article 25 – Technical opinion

Article 1918
Opposition Divisions

Part I – General and institutional provisions
Chapter III – The European Patent Office

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

(2) An Opposition Division shall consist of three technically qualified 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 may not be the Chairman. Before a decision is taken 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 Opposition Division shall be decisive. 


18See decision/opinion of the Enlarged Board of Appeal G 5/91, G 1/02 (Annex I).

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EPC - Reference
  • Art. 99
    R. 11, 75-89
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