Issuing the Invitation

Date Published

When a request to amend an application or patent under opposition is filed, Patent Oppositions will arrange for a copy of the request, the proposed amendments and any submissions to be sent to the opponent, and invite them to comment on the amendments within the allowed period. In accordance with reg 10.2(7), the period provided is 21 days. If the opponent does not consider 21 days sufficient, they may seek further time (up to the maximum of 2 months from the initial invitation) to comment. Any such request should be accompanied by reasons and should not be assumed as being automatically available. If an examiner receives a case file with amendments for consideration and the invitation has not been issued, the file should be returned to Patent Oppositions for processing. Once the invitation has been issued, the file will be returned to the examiner for consideration of the amendments (see Considering the Amendments).