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EPO Headnote
A request to correct the designation of the opponent in the notice of opposition is allowable under Rule 139, first sentence, EPC provided that it complies with the principles endorsed in G 1/12, in particular that it reflects what was originally intended when filing the notice of opposition, that it does not give effect to a change of mind or development of plans and that it represents the opponent's actual rather than ostensible intention (reasons 1.2 to 1.5).
The original intention at the time of filing the opposition can also be established on the basis of evidence submitted after the expiry of the opposition period (reasons 1.7).
EPO Headnote
A request to correct the designation of the opponent in the notice of opposition is allowable under Rule 139, first sentence, EPC provided that it complies with the principles endorsed in G 1/12, in particular that it reflects what was originally intended when filing the notice of opposition, that it does not give effect to a change of mind or development of plans and that it represents the opponent's actual rather than ostensible intention (reasons 1.2 to 1.5).
The original intention at the time of filing the opposition can also be established on the basis of evidence submitted after the expiry of the opposition period (reasons 1.7).
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