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Rule 82

Maintenance of the European patent in amended form

Guidelines

(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.

Art. 122

CBA IV.D.5.4.3

D VI 7.2.1

D VIII 1.4.1

(2) 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.

D VI 7.2.3

D VIII 1.4.1

E VII 2.2.3

(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.

Art. 121:NO

Art. 122

Art. 106

CBA IV.D.7.1

D VI 7.2.3

D VIII 1.2.2

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

D VIII 1.4.2

Modified by CA/D 2/10, see OJ 12/2010, 637

Related provisions

Case Law

Articles

Rules

EBoA

BoA

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Art. 65

Art. 101

Art. 105

Art. 123

R. 89

G 1/90

G 1/88

CBA IV.D.7.2.2

BoA decisions