Rule 58 – Examination of opposition
(1) All communications issued pursuant to Article 101, paragraph 2, and all replies thereto shall be communicated to all parties.
(2) 86 In any communication to the proprietor of the European patent pursuant to Article 101, paragraph 2, he shall, where appropriate, be invited to file, where necessary, the description, claims and drawings in amended form.
(3) Where necessary, any communication to the proprietor of the European patent pursuant to Article 101, paragraph 2, shall contain a reasoned statement. Where appropriate, this statement shall cover all the grounds against the maintenance of the European patent.
(4) 87 Before the Opposition Division decides on the maintenance of the European patent in the amended form, it shall inform the parties that it intends to maintain the patent as amended and shall invite them to state their observations within a period of two months if they disapprove of the text in which it is intended to maintain the patent.
(5) 88 If disapproval of the text communicated by the Opposition Division is expressed, examination of the opposition may be continued; otherwise, the Opposition Division shall, on expiry of the period referred to in paragraph 4, request the proprietor of the patent to pay, within three months, the fee for the printing of a new specification of the European patent and to file a translation of any amended claims in the two official languages of the European Patent Office other than the language of the proceedings.
(6) 89 If the acts requested under paragraph 5 are not performed in due time they may still be validly performed within two months of notification of a communication pointing out the failure to observe the time limit, provided that within this two-month period a surcharge equal to twice the fee for printing a new specification of the European patent is paid.
(8) The decision to maintain the European patent as amended shall state which text of the European patent forms the basis for the maintenance thereof.
87Amended by decision of the Administrative Council of 10.06.1988 which entered into force on 01.10.1988 (OJ EPO 1988, 290 ff). See decision of the Enlarged Board of Appeal G 1/88 (Annex I).
88Last amended by decision of the Administrative Council of 07.12.1990 which entered into force on 01.06.1991 (OJ EPO 1991, 4 ff). See decision of the Enlarged Board of Appeal G 1/90 (Annex I).
89Inserted by decision of the Administrative Council of 08.12.1988 which entered into force on 01.04.1989 (OJ EPO 1989, 1).