(1) 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.
(2)115 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 other than the language of the proceedings, within a period of three months. Where, in oral proceedings, decisions under Article 106, paragraph 2, or Article 111, paragraph 2, have been based on documents not complying with Rule 49, paragraph 8 the applicable requirements prescribed by the President of the European Patent Office under Rule 49, paragraph 2, the proprietor of the patent shall be invited to file the amended text in a form compliant with Rule 49, paragraph 8, those requirements within the three-month period.
(3) 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.
(4) The decision to maintain the European patent as amended shall state which text of the patent forms the basis for the decision.
114See decisions of the Enlarged Board of Appeal G 1/88, G 1/90 (Annex I).
115Amended by decision of the Administrative Council CA/D 9/15 of 14.10.2015 (OJ EPO 2015, A82), which entered into force on 01.05.2016Last amended by decision of the Administrative Council CA/D 10/22 of 13.10.2022 (OJ EPO 2022, A101), which entered into force on 01.02.2023.
See notice from the EPO of 09.03.2016 (OJ EPO 2016, A22).
13.12.2007 - 31.03.2009Decision of the Administrative Council of 07.12.2006 (CA/D 10/06), (OJ EPO 2007, 8 and Special edition 1/2007)01.04.2009 - 31.03.2012CA/D 4/08 (OJ EPO 2008, 513)01.04.2012 - 30.04.2016CA/D 2/10 (OJ EPO 2010, 637)01.05.2016 - 31.01.2023CA/D 2/10 (OJ EPO 2015, A82)01.02.2023 -CA/D 10/22 (OJ EPO 2022, A101)