Background
- Mention of grant: 03 December 2024.
- Opposition period: 9 months → ends 03 September 2025 (Art. 99(1) EPC).
- Paco (Spanish national/resident Spain) filed a reasoned notice of opposition on 03 September 2025 in Spanish, and requested oral proceedings.
Spanish is an admissible non-EPO language for persons meeting Art. 14(4) EPC (residence in an EPC state with a non-EN/FR/DE official language), but a translation into an EPO official language must follow under the Implementing Regulations.
Answers to the statements
a) Paco is not entitled to a reduction of the opposition fee. — True
Current fee reductions linked to language arrangements under Rule 6(3) EPC apply only to the filing fee and examination fee (and only for eligible categories).
The EPO’s own FAQ likewise states the language-related 30% reduction applies to the filing fee and examination fee (not the opposition fee).
Micro-entity reductions cover “main fees in the patent grant procedure” (again: not opposition fees).
Therefore Paco must pay the full opposition fee.
b) Paco must file the translation of the notice of opposition at the latest on 3 September 2025. — False
Because Paco is entitled to use Spanish under Art. 14(4) EPC, he must file a translation into an EPO official language under Rule 6(2) EPC.
Rule 6(2) EPC sets the translation deadline as:
within one month of filing the document (and for a notice of opposition, it may be extended to the end of the opposition period only if that period expires later).
Here:
Filing in Spanish: 03 Sep 2025
1 month (Rule 131(4) month calculation) → 03 Oct 2025
03 Oct 2025 is a Friday, so no weekend extension applies.
So he does not need to translate on 03 Sep 2025; he has until 03 Oct 2025.
c) If Paco requested to speak and listen in French during oral proceedings, the EPO would provide interpretation. — True
French is an official language of the EPO. Under Rule 4(1) EPC, a party may use another EPO official language instead of the language of proceedings if it:
- gives notice at least one month before the date of oral proceedings, or
- provides interpretation into the language of proceedings.
If the party gives timely notice, the Guidelines confirm it is then the EPO’s responsibility to provide interpretation at its own expense.
A request already included in the notice of opposition will normally be well before the oral proceedings date, so the condition is typically met.
d) Paco will be allowed to speak Spanish during oral proceedings if he provides for interpretation into English. — True
Spanish is an official language of a Contracting State (Spain). Rule 4(1) EPC expressly allows any party to use an official language of a Contracting State provided the party makes arrangements for interpretation into the language of the proceedings (here: English).
The EPO also explains this in its practical guidance for oral proceedings interpretation.
So Paco can speak Spanish if he provides interpretation into English.
Exam Tip:
- Don’t mix up language filing rights with fee reductions: today, the language-related reduction is for filing/examination fees, not the opposition fee.
- For oppositions filed in a non-EPO language under Art. 14(4), the translation is usually within 1 month (Rule 6(2)); it only stretches to the opposition period if that later period expires later.
- Oral proceedings: EPO pays interpretation when you switch to EN/FR/DE with timely notice; if you use a national language (like Spanish), you must organise interpretation into the language of proceedings.
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