Decision of the Administrative Council of 14 October 2015 amending Rule 82 of the Implementing Regulations to the European Patent Convention (CA/D 9/15)
THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,
Having regard to the European Patent Convention (hereafter referred to as "EPC") and in particular Article 33(1)(c) thereof,
On a proposal from the President of the European Patent Office,
Having regard to the opinion of the Committee on Patent Law,
HAS DECIDED AS FOLLOWS:
Rule 82(2) of the Implementing Regulations to the EPC shall read as follows:
"(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. 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 proprietor of the patent shall be invited to file the amended text in a form compliant with Rule 49, paragraph 8, within the three-month period."
The provision mentioned in Article 1 of this decision shall apply to all European patents for which a decision under Article 106(2) or Article 111(2) EPC is taken in oral proceedings on or after its date of entry into force.
The provision mentioned in Article 1 of this decision shall enter into force on 1 May 2016.
Done at Munich, 14 October 2015
For the Administrative Council